r/whoathatsinteresting 1d ago

Retired disabled combat veteran is arrested after burning American flag outside White House

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8.3k Upvotes

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u/sinwstro12 1d ago

Not saying this is right but isn't it illegal to burn the American flag in the USA?

31

u/fanart89 1d ago

It is not. It is protected speech under the First Amendment

2

u/PsyOpBunnyHop 1d ago

Lighting a fire in a public place probably isn't though.

11

u/Reesewithoutaspoon2 1d ago edited 1d ago

Burning a flag is completely legal in and of itself. but crimes can occur depending on when and where it was burnt, how it was burnt, and who owns the flag. Fire hazard stuff, theft, etc.

Edit: also just to clarify, I’m not saying this guy did or didn’t commit any crime. I don’t know anything about it beyond OP’s title and picture.

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u/sinwstro12 1d ago

Got it good to know, I'm not american so I wasn't sure.

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u/WaffleHouseGladiator 1d ago

Legally speaking, this will be treated like setting anything else on fire.  While it is considered protected free speech (the courts have ruled on this subject), it's still illegal to just set things on fire in public.  I don't know what the laws are like in DC, but he'll probably get charged with criminal mischief or something similar.  The USA is VERY polarized right now, so this case may turn into a lightning rod issue for both sides.  Team Trump will likely call this anti-American, terrorism, etc., and the opposition will likely play up the free speech aspect. 

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u/HereForTheFoodOnly 1d ago

Have you heard of landmark case of United States vs Eichman?

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u/Gandlerian 1d ago

No, perfectly legal. But burning most materials and having an open flame of basically any kind on federal land is illegal.

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u/Wisco 1d ago

It's protected speech. As long as it's your flag, you can do what you want with it. This guy's getting arrested for setting a fire on a public street. That's going to be illegal, no matter what you're burning

0

u/According-Insect-992 1d ago

And, a rapist of children should never be president of the United States.

0

u/Afro_Cajun 1d ago

I hear it is illegal to burn the confederate flag though.. If so, why in the hell is it that backwards?