"It's pretty obvious that there is an element of (poor?) judgement at work in this case, rather than a sterile application of the law."
I wonder if the school district even has legal standing to press arson charges, considering that they didn't own the property that was burned.
Also, I don't know of any cases where the laws have been applied for flag burning.
SAJ appears to have some knowledge of the law, and is saying that the school district does not have legal cause in this case...that the student who owned the burned Mexican flag is the injured party and has a tort action.