American Flag Burned Outside Dallas Home, Again

[LaserTex]

http://cbs11tv.com/local/Flag.Burned.Ag ... 84277.html

DALLAS (CBS 11 / TXA 21) ―
Al Messerschmidt/Getty Images
(7/1/2009)
A north Dallas neighborhood is up in arms after another attack on the American flag has reignited anger among residents. The incident happened at Preston Valley Villas off of Spring Valley Road.

Two weeks ago, a homeowner came home to find his American flag in ashes on his front yard. Last night, it happened again.

Preston Valley Villas has become a noticeably patriotic neighborhood. But some of the American flags are now flying as a message to whoever is burning them. "It's kind of an 'in your face' type of situation," said resident Bill Sendelback. "If people are going around burning the flag, I'm not about to take mine down."

Sendelback does not plan to remove his flag, even though someone set fire to one outside of Ed Jordan's townhome for the second time in two weeks.

"It makes me sick to think about anybody having that sort of disrespect," said Jordan. "Soon as I looked at it and touched it, I could tell it had been burning."

Jordan's first burned flag got the attention of an Iraq war veteran, who donated a special flag just days later. That flag flew over a base. Fortunately, neighbors said that was not the flag that was flying Sunday night, which is now ashes.

Another resident who was victimized has yet to replace her damaged flag.

According to witnesses, skateboarders were heard in a nearby alley around the time that the flag was burned. Whether the incident is a prank or a political statement remains unclear.

The crime has residents warning whoever is responsible that they better hope police find them first.

[LaserTex]

I like the last line the best.

Doug

[joe817]

I like the last line the best.

Doug

Same here Doug.

[C-dub]

I'm sorry, but I'm very confused by the decision, by whichever court, that BURNING a flag is an acceptable form of free speech. I don't understand how an "act" is considered speech. However, if that's the way it is going to be can it still be considered as such if the flag being burned is not owned by the burner?

I am a U.S. Navy veteran and the Stars and Stripes are sacred. Would I be justified? Would I be justified it it were MY flag?

This just makes me so

Okay. Reign it in a bit.

[LaserTex]

Now, if we could just convince the people that want express their right to free speech by burning a flag to hang around long enough for the property owner to express their freedom of speech too. That seems fair. Hey, if burning a flag is speech, can I paint a cinder block like a flag and hit them with it? Just wondering...

Doug

[nitrogen]

Support free speech: burn your own flag. (and run if I see you.)

[nitrogen]

Exactly. You're 100% right.
I usually say, "I'll support your right to burn the American flag 100%, but I'll support that right of yours from jail after I kick your butt."

[timdsmith72]

I don't think it's such a fine line.


UNITED STATES CODE
TITLE 18
Part I. CRIMES AND CRIMINAL PROCEDURE
CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 645, SEC. 1, 62 STAT. 683

§ 700. Desecration of the flag of the United States; penalties

* (a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
* (2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.

[Drewthetexan]

I don't think it's such a fine line.


UNITED STATES CODE
TITLE 18
Part I. CRIMES AND CRIMINAL PROCEDURE
CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 645, SEC. 1, 62 STAT. 683

§ 700. Desecration of the flag of the United States; penalties

* (a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
* (2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.

I believe Texas v. Johnson nulled it.

Edit: According to the last section of the wiki article, the U.S. passed the Flag Protection Act subsequently, which was also struck down. Apparently there have been a few unsuccessful attempts to amend the U.S. Constitution.

[dicion]

All I can say is...

If I catch someone lighting my flag, on my house, on my property on fire, It's both trespassing and arson.
If it's night-time, it's also considered 'criminal mischief during the night-time'.

Legally, if you catch someone in the act of committing arson, you are within your rights to shoot them to prevent it.
Same with criminal mischief during the night-time.

[timdsmith72]

I believe Texas v. Johnson nulled it.

Sigh......That is a shame....Just a Crying shame......


But thanks for correcting me.

[nitrogen]

I believe Texas v. Johnson nulled it.

Sigh......That is a shame....Just a Crying shame......


But thanks for correcting me.

No, it's really not. The government should not get involved in matters of free speech, no matter how rotten or despicable. (Of course as long as such speech doesnt hurt minors, etc.)

[dicion]

I read the wikipedia entry in it's entirety, and I do not believe that ruling would apply here.

The case was based upon the fact that "an intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it."
This is what made it 'free speech'. Also the fact that the court found that "no disturbance of the peace actually occurred or threatened to occur because of Johnson's burning of the flag,".

Someone burning a flag on SOMEONE ELSE's property, without a "particularized message" that "would be understood by those who viewed it." Is NOT Free Speech.
It also IS a disturbance of the peace, with the trespassing, arson, and possibly causing fire damage to someone's property.

So yes, I feel that in addition to Arson, Trespassing, and the numerous other laws they've broken to do this, they should also be charged under Title 18, Chapter 33 as well!
Throw the book at em, I say, and If I catch someone in the act of doing this to my property, I'll be throwing something else at them entirely... Lead.

[Drewthetexan]

Just a thought: I wonder how many people leave their flags out at night without "proper illumination". And of those not following the flag code, who would be upset that their offensive display got smoked by someone. Some people really get their dander up when they see any violation, and they consider it a serious offense to have the flag out at night unilluminated. I'm not trying to draw a corollary between an improper display and burning, but I am trying to draw attention to varying levels of respect for the flag.