Posted on 08/28/2016 12:52:22 PM PDT by Theoria
A flag desecration charge was dropped Monday for a man who protested a crude oil pipeline that crosses his property by hanging an American flag upside down at his home, online court records show.
Homer Martz, 63, was charged Friday under a state law that makes it illegal to defile, cast contempt upon, satirize or deride a flag. That law, however, was declared unconstitutional by a federal judge in December 2014 and state prosecutors were told not to enforce it.
The law, which lawmakers have not removed from the books, says law enforcement officers have a duty "to enforce the provisions of this chapter, and for failure to do so they may be removed as by law provided."
Calhoun County Attorney Tina Meth Farrington filed a motion to dismiss the charges Monday, saying that she read the 2014 federal ruling and concluded she shouldn't pursue the charge.
"The Legislature should take immediate action to repeal this law so that other citizens and law enforcement are not caught in this type of situation again," she said.
A judge approved the motion Monday afternoon.
Calhoun County Sheriff William Davis said at the time Martz was arrested, he and the two arresting officers were unaware the law had been struck down.
The American flag was hanging upside down on a flagpole underneath a Chinese flag at Martz's home, and a sign on the flagpole under the flags said: "In China there is no freedom, no protesting, no due process. In Iowa? In America?"
(Excerpt) Read more at bcdemocrat.com ...
He should have hung a Chinese flag upside down.
Such a statute was prima facie unconstitutional. She needed a federal ruling to conclude this?
Frankly, every flag in the nation should have been hung upside down over the last 7.5 years.
I consider hanging the flag upside down to be a respectful sign of protest. None the less, I think it should be done seldom so as not to turn the flag into nothing more than a sign of protest.
It is not destructive to the flag, and exemplifies the nation being at risk.
“He should have hung a Chinese flag upside down.”
They should have hung Martz upside down, from a lamp post.
“... They should have hung Martz upside down ...”
-
Why?
An even BETTER idea.
Life, liberty and the persuit of happiness not so much...
How the hell does the government get away with banning the Confederate flag?
THE UNITED STATES FLAG CODE
Title 4, Chapter 1
§ 8(a)The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
If not now, then when?
I agree.
If not this issue, what issue?
If not now, when?
If not us, who?
I agree.
“You must be a strong proponent of eminent domain.”
No, but I am a strong proponent of respect for our flag. I have no idea whether or not this guy was abused by eminent domain, but eminent domain is a useful tool for achieving the “greater good” for all of us. If this guy has a beef, he should have taken it to court. Sometimes you are forced to give even though you don’t want to.
In the day when the U. S. Flag code was written, I doubt anyone who helpd devise it could have in their wildest dreams have seen what was to come.
I don’t think it should be done to the point it becomes nothing more than an object of protest, but in some isolated cases, I think it is a respectful way to show distress other than just a threat to live and limb.
Of course what we have going on today, in some instances is exactly that.
Violent illegal aliens
Violent Islamic adherents
If this isn’t a time of threat to life and limb, what would be?
It's his property. Why can't he do with it what he pleases on his own land?
Besides, Texas v Johnson settled this back in 1989, with Scalia joining the majority.
After that, I removed the entire 20' mast.
When we get a President that actually loves this country, I'll put a bigger one back up
It's not like Iowa really cares about the idea of the flag concerning 'desecration'. They don't have a problem putting it on their uniforms to get stained and marred. Our making it part of their mascot as the flag when needed.
The Confederate flag is not "banned." You have a First Amendment right to display it on your own property. The federal government, in its capacity as a landowner, has decided not to display it on its property, but that is not a "ban."
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.