A guy who wasn’t feeling the patriotism decided to burn an American flag and tell the world about it on Facebook — only to get arrested the next day after neighbors complained.
Bryton Mellott, 22-years-old, of Urbana, Illinois, was taken into custody after police received calls about his Facebook posts, which included a picture of him setting the Stars and Stripes on fire (above) and a message explaining that he was “not proud to be an American. In this moment, being proud of my country is to ignore the atrocities committed against people of color, people living in poverty, people who identify as women, and against my own queer community on a daily basis.”
Despite a very clear 1989 Supreme Court ruling (Texas v. Johnson) affirming that flag burning is a form of political speech fully protected by the First Amendment, cops charged Mellott under Illinois’ flag desecration statute, a law written years before the Supreme Court ruling and which is now unconstitutional.
Sergeant Andrew Charles of the Urbana Police Department said his town had never charged anyone under that law in 27 years, but that police proceeded with the arrest out of an attempt to “balance civil liberties with issues of safety.”
He never explained what safety was involved, how any safety issues might have been resolved by the arrest or why no one in Urbana has kept up with the Constitution, which is online.
The state’s attorney assigned to the case immediately decided not to proceed with a prosecution. No penalties for the cops, however!
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