Posted on 07/15/2005 12:37:23 PM PDT by SmithL
MARYVILLE, Tenn. - A teenager was jailed for nine days after being accused of burning an American flag on the Fourth of July, and he faces trial next month.
While the case could test a state statute against flag burning - an act the U.S. Supreme Court says is protected under the First Amendment - prosecutors said Andrew Elisha Staley has yet to argue that he was exercising free speech rights.
"Bottom line is, the kid got drunk," said Lisa Lee, his mother. "He's never been in trouble before."
Staley, 18, is accused of taking the flag from a residence and setting it on fire. His father said the teenager "has no reason for anger against the United States" and could easily have ignited a garbage can instead of a flag.
"He was brought up in church, and he knows right from wrong," Doc Staley said.
Doc Staley said his son has been "floundering around" since dropping out of high school. "This is where the drinking came in. And he's not very good at it," the father said.
The teenager was released from jail Thursday on his own recognizance while he awaits his Aug. 2 trial on charges of desecrating a venerated object, underage drinking, littering, evading arrest, burning personal property and theft.
The Tennessee flag-burning statute makes the crime a misdemeanor, punishable by less than a year in jail and up to $2,500 fine.
And that, my friends, runs directly counter to the First Amendment of the Constitution of the United States of America.
Read it again - he took the flag "from a residence". I guess that makes it theft and destruction of property.
I read it just fine, thank you. I was referring to the part of the article that referred to the Tennessee statute that outlaws burning of the flag, even if you don't steal it from someone else.
As far as the attitude bit, it isn't much different than using lethal injection to dispose of a criminal, but not being able to do it to someone you don't like; one is a lawfully prescribed method, the other is murder, even though they are the same act. I think it's great that Tennessee spits in the face of those who hate this country.
There are far too many serious breeches of the Constitution going on at all levels to get upset about protecting Old Glory at the State level.
Careful. When one side can outlaw an attitude of defiance, any side can.
I don't know about you, but I sure as hell don't want to live in a culture wherein Leftists can ding me for having a bad attitude about their sacred cows.
Exact story from The Daily Times.....
Maryville police arrested a man Monday on charges related to the theft of a U.S. flag from a Clark Street resident and then burning it in her yard.
Andrew Elisha Staley, 18, Chilhowee View Road, was charged with theft of property under $500, setting fire to personal property, unlawful consumption, criminal littering and evading arrest at 12:25 a.m. Monday. The Blount County Jail blotter also shows a charge for desecration of venerated objects.
Police found Staley in the front yard of a Clark Street residence Monday ``standing over an American flag that was on fire, laughing.''
Staley started running at the sight of police and would not stop when ordered, according to Maryville Police Officer Kyle Mitchell.
He told police he had taken the flag from a memorial set up by Clark Street resident Theresa Lindsay, 62, earlier Sunday.
Staley told officers he'd been drinking. There were beer cans ``all over the property and in the street,'' according to police.
Staley was held in lieu of $7,000 in bonds pending a 9 a.m. hearing July 11 in Blount County General Sessions Court.
Around here the State says your responsible for the little bugger's till their 21.
Agreed - the People are supposed to have the final say, and when that is really so, it usually works out preety good. However, the latest trick in Washington, where they took away the referendum by the People dampens my expectations of the People ever regaining their rightful part in the whole scheme.
God Bless
Either join the Marines for 4 years or 5-10 years in jail with big Bubba as cell mate.
Damn you're good.
Another democrat role model in the spotlight. NSNR
Agreed. I think there should be more demonstrations where the Koran is burned. Wonder what they would do? They rioted and killed each other when water was spilled on a Koran.
I could care less about what he did with the flag. I believe the operative word (very small one) is in the statement above. He took and burned someone else's private property, not his own. Charge him. If he burned his own, that's his business.
"Staley, 18, is accused of taking the flag from a residence and setting it on fire"
The crime is doofus Staley stole something which did not belong to him, from some ones property and destroyed some one elses property. That was not his right to do so.
This statement is contradictory to his actions, I.E.: Getting drunk, burning the flag.
Funny how they are always good boys and they just made the one mistake(the one they got caught at).
Yep, the charges on him are theft of private property, burning of private property etc. I didn't see where he was charged with burning the flag per se.
"He's never been in trouble before." Now where have I heard that? Oh yes, I remember, that was said by the mother of the kid who blew himself up on the London bus.
So it would seem does hate crime laws, but that hasn’t stopped them from enforcing them.
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