Man arrested in burning of U.S. flag
Khoder bin Hakkin
hakkin at sarin.com
Wed Oct 3 06:15:37 PDT 2001
Looks like the fundamentalists won...
http://www.indystar.com/data/wire/out/1002ap_l91ia7g109.html
Man arrested in burning of U.S. flag
Associated Press
Last updated 04:40 PM, EST, Tuesday, October 02, 2001
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NOBLESVILLE, Ind. (AP) -- An Indiana man accused of
burning an
American flag behind his home has been arrested,
despite rulings from
the U.S. Supreme Court that have said flag-burning is
an exercise of
free speech.
David H. Stout, 49, of Noblesville was charged Monday
with flag
desecration and resisting law enforcement. He was
being held
Tuesday at the Hamilton County Jail on a $9,000 bond.
Stout was arrested Sunday after police found him lying
beside a
burning flag in an alley behind his home.
Indiana is among 48 states that still have a law
against flag desecration
on the books, even though the U.S. Supreme Court has
twice said
flag-burning is a constitutionally protected form of
expression.
Stout told a neighbor who tried to stop the burning
that he could burn
his flag if he wanted. The neighbor called police.
Stout is accused of throwing a lighted firecracker at
a police officer
and struggling with police when they took him into
custody.
Hamilton County Deputy Prosecutor Wendy Petersen filed
the
charges against Stout.
"Our particular statute has not been challenged,"
Petersen told The
Indianapolis Star. "We still have flag desecration on
the books,
although we may certainly come up against that
(constitutional)
argument if we continue to prosecute Mr. Stout."
Both charges against Stout are misdemeanors, each
carrying
maximum penalties of one year in prison and a $5,000
fine upon
conviction.
Petersen agreed that the surge of flag-waving since
the Sept. 11
terrorist attacks may have created a new sensitivity
to flag
desecration.
"I can't comment on what the officers were thinking at
the time, but
probably a report of flag burning would be taken more
seriously
because of the environment," she said.
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