US government drops charges against veteran accused of burning American flag

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A US Army veteran, Jan “Jay” Carey, has had charges against him dropped by the Department of Justice. In October, Carey had moved to dismiss the charges, which included two misdemeanors: one for lighting a fire outside designated areas and the second for creating a public safety hazard or threatening property. The incident occurred on August 25, after President Donald Trump signed an executive order calling for the prosecution of flag-burners.

The Supreme Court has previously upheld flag burning as protected free speech, citing the First Amendment. In 1989, the court ruled in Texas v Johnson that “flag desecration is inconsistent with the First Amendment.” The court reaffirmed this decision a year later when Congress passed a new Flag Protection Act, which was struck down as unconstitutional.

Trump’s executive order, signed last August, called for steep prison sentences for protesters who knowingly destroy US flags. However, the Department of Justice has moved to drop the charges against Carey, following his motion to dismiss.

In an interview with Al Jazeera, Carey explained that he had burned a flag in protest of Trump’s executive order, which he believed was an attempt to circumvent free-speech rights. Carey stated that he had served in the military and defended the flag, but did not intend to desecrate it or protest America. Instead, he reacted to what he saw as a treasonous and fascist president.

Video footage captured the incident on August 25, which showed Carey burning a US flag in Lafayette Park across from the White House. Four federal law enforcement agents approached him, handcuffed him, and led him away. The Partnership for Civil Justice Fund argued that charging Carey was evidence of “vindictive prosecution” and a direct attack on dissent.

The Department of Justice has declined to comment on the charges being dropped against Carey.

Source: Al Jazeera