Man arrested in burning of U.S. flag

Wed Oct 3 11:58:56 PDT 2001

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Looks like the fundamentalists won...

http://www.indystar.com/data/wire/out/1002ap_l91ia7g109.html

    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.