FOX News & Commentary

Federal Judge Okays Flag Desecration

Federal Judge Okays Flag Desecration

Mar 23, 2012

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By Todd Starnes

A federal judge has declared Missouri’s flag desecration law is unconstitutional and cannot be enforced.

U.S. District Judge Carol E. Jackson issued a permanent injunction in the case of Frank Snider, who was arrested in 2009 for cutting up an American flag and throwing it into the street.

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“The sense of patriotism that runs through Missouri is strong,” Attorney General Chris Koster told Fox News in a written statement. “Although we understood that defending the statute was an uphill battle, most Missourians have a strong reaction against flag desecration.  Our defense of the statute was our attempt to give voice to that patriotic sentiment.”

The Attorney General’s office told Fox News they are still reviewing the judge’s ruling and haven’t made any decisions on next steps. Missouri is among at least 20 states with laws banning flag desecration.

Missouri’s flag desecration law states: “Any person who purposefully and publicly mutilates, defaces, defiles, tramples upon or otherwise desecrates the national flag of the United States or the state flag of the state of Missouri is guilty of the crime of flag desecration.”

The law considered flag desecration a misdemeanor penalty.

However, the judge ruled that the entire statute was invalid because it prohibits a substantial amount of protected speech.

The American Civil Liberties Union hailed the judge’s ruling, calling it “satisfying” but “not surprising.”

“It’s a long delayed victory in Missouri,” said ACLU attorney Tony Rothert in an interview with the Associated Press. “The Supreme Court has been pretty clear that these statues are unconstitutional.”

The Missouri chapter of the American Legion denounced the ruling and said it was a sad day for the state.

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“Anger,” is how Kenneth Goth, the American Legion Dept. Commander described his reaction to Fox News. “There’s a lot of people who fight for our country and that flag. You never see a veteran do that because they know what the honor is.”

Goth said he is passionate about the American flag. To him, the flag “means my country.” He said people who desecrate the American flag do so to “show their stupidity.”

 “People can take their freedom of speech a little too far and doing that to the American flag does,” he said.

With reporting from the Associated Press

540 comments

  1. David King /

    wow I really impressed by a federal judge's ruling. Just like those idiots on the 9th 'circus', the most overthrown court in the U.S.. Is that the best u morons can do? Like I said one of you morons try and burn a flag in my front yard.

  2. It is time for we the people to take back our country. Here is some profiling for you. This judge is a traitor !

  3. Now now sweet. Play nice ha. But I have to admit. Since you say you're never on Fox News, that does make your attacks on the news network that much more ridiculous don't you think?

    • Hell, I'm inundated with it from you and your FB cronies,always whining about some new article on FoxNews. The Brits had it right, tell the truth or close down the service. You are the ones always whining about the biased news and yet you read/listen to Fox as if it's the Holy Grail. Play Nice? "I'll hit you as hard as you hit me" remember?

    • Well first of all, it was YOU who put your two cents in and as always then do not like the outcome. It was YOU who, as always make stupid comments of a network you don't even watch.

      Your constant attacks on Fox News are like me trying to critizie sailing. I don't know how to sail, I don't sail, yet I am going to be an expert and make comments on your sailing abilities. SILLY!

      Fox News is no different than any other news network. Your problem is that you do not understand some how the difference between news and opinion.

      You attack FOX NEWS because you don't like Hannity, or O'Rilley or Beck, yet the problem is they are not news shows, they are opinion shows.

      It's very hard for me to accept you opinion and comments as a chef if you never step into a kitchen.

      As always, love you brother.

  4. Just try desecrating a U.S. flag in the presence of anyone who serves/served in the military.

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