The Justice Department dropped charges against Jan 'Jay' Carey, 55, an Army veteran who burned an American flag near the White House in protest of President Trump's executive order targeting flag burners. According to theguardian.com, Carey was arrested on August 25 after setting fire to a flag in Lafayette Park, just hours after Trump signed the executive order.
Key Takeaways
The Justice Department dropped charges against Jan 'Jay' Carey, a 55-year-old military veteran who burned an American flag near the White House to protest President Trump's executive order against flag burning. Carey was charged with two misdemeanors but pleaded not guilty. The DOJ did not explain its decision to drop the case.
- Justice Department drops charges against Jan 'Jay' Carey for burning a U.S. flag in Lafayette Park, Washington D.C., as an act of protest.
- Carey had been charged with two misdemeanors: igniting a fire outside designated areas and creating a public safety hazard or threatening property.
- The Supreme Court has ruled that flag burning is protected free speech under the First Amendment.
The DOJ moved to dismiss charges against Carey, who faced two misdemeanors: igniting a fire outside of designated areas and creating a public safety hazard. The decision came days before prosecutors were required to respond to claims by Carey's lawyers that his First Amendment rights had been violated. According to aljazeera.com, the incident occurred on August 25, shortly after Trump signed an executive order calling for the prosecution of flag-burners.
The Supreme Court has long upheld flag burning as protected free speech under the First Amendment. In 1989, the court ruled in Texas v Johnson that flag desecration is inconsistent with the First Amendment. Trump's executive order argued that flag burning could incite violence and riot, but critics say it calls on the attorney general to prosecute flag-burners by searching for laws outside the First Amendment's scope.
Carey served in Iraq, Bosnia, and Afghanistan and has stated he felt compelled to act in response to Trump's executive order. He shouted to onlookers as he set fire to the flag: “I’m burning this flag as a protest to that illegal fascist president that sits in that house.” Carey was arrested by police shortly after. The DOJ did not explain its decision to drop the case against Carey.
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