ILLEGAL TO BURN FLAG OR MARK FLAG IN ARIZONA

Arizona Revised Statutes

[Traitor Exposer]

Law: A class 2 misdemeanor occurs if one places a mark upon a flag which is "likely to provoke physical retaliation". Country: USA State: Arizona

Citation: 13-3703. Abuse of venerated objects; classification

A. A person commits abuse of venerated objects by intentionally:

1. Desecrating any public monument, memorial or property of a public park; or

2. In any manner likely to provoke immediate physical retaliation:

(a) Exhibiting or displaying, placing or causing to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon a flag or exposing or causing to be exposed to public view a flag upon which there is printed, painted or otherwise produced or to which there is attached, appended or annexed any word, figure, mark, picture, design, drawing or advertisement; or

(b) Exposing to public view, manufacturing, selling, offering to sell, giving or having in possession for any purpose any article of merchandise or receptacle for holding or carrying merchandise upon or to which there is printed, painted, placed or attached any flag in order to advertise, call attention to, decorate, mark or distinguish the article or substance; or

(c) Casting contempt upon, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor upon a flag.

B. The provisions of this section shall not apply to:

1. Any act permitted by a statute of the United States; or

2. Any act permitted by United States military regulations; or

3. Any act where the United States government has granted permission for the use of such flag; or

4. A newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant, commission of appointment to office, ornament, picture, badge or stationery on which shall be printed, painted or placed such flag and which is disconnected from any advertisement for the purpose of sale, barter or trade.

C. For the purposes of this section:

1. "Desecrate" means defacing, damaging, polluting or otherwise doing a physical act in a manner likely to provoke immediate physical retaliation.

2. "Flag" means any emblem, banner or other symbol, of any size, composed of any substance or represented on any substance that evidently purports to be the flag of the United States or of this state.

D. Abuse of venerated objects is a class 2 misdemeanor.

[KantianBurke]

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Good for Arizona! I see they've tackled their illegal immigrant problem to the point they can pass unconstitutional legislation! -sarcasm off-

[HiJinx]

B. The provisions of this section shall not apply to:

1. Any act permitted by a statute of the United States; or

3. Any act where the United States government has granted permission for the use of such flag; or

As for illegal immigration, the State - in the form of the Governor - has deferred the issue of border security to the Fed'ral Gub'mint. Thankfully, we have a few citizens who don't agree with her.

[Izzy Dunne]

I agree with the part about Desecrating any public monument, memorial or property of a public park

It's public property, and therefore it's not yours to do with as you please.
Otherwise, this law is crap. Especially the part about in a manner likely to provoke immediate physical retaliation.

Hell, walking down the street is "likely to provoke immediate physical retaliation " in some folks.

Does anybody remember the word "Liberty"?

[Redbob]

"A class 2 misdemeanor occurs if one places a mark upon a flag which is "likely to provoke physical retaliation"."

Therefore it is our duty to physically retaliate against anyone defacing a flag, thus providing the justification required by this statute!

[1rudeboy]

I suggest you consult with an attorney.

[steplock]

I don't think we should CRIMINALIZE burning or defacing the FLAG.

I think we need to DE-CRIMINALIZE punching out those who do burn or deface the flag.

Make them be responsible for their actions....the American way. Leave the govt out of it!

[Redbob]

And anyone thinking that burning The Flag is "protected 'speech,'" well, your stint in the Marines, if you don't wash out, should be pretty educational to you.

[CyberCowboy777]

speech ( P ) Pronunciation Key (spch)
n.

The faculty or act of speaking.
The faculty or act of expressing or describing thoughts, feelings, or perceptions by the articulation of words.
Something spoken; an utterance.
Vocal communication; conversation.

[KantianBurke]

those that defend CFR would gladly agree with your narrow definition.

[CyberCowboy777]

I don't defend CFR, I am totally against it.

And it is not my definition

[KantianBurke]

giving money to political groups is seen as being analogous to "speech." However by your dictionary it isn't speech per se so therefore isn't worthy of Constitutional protection. My point regarding the US flag is similar; using it make a political statement is a form of speech and should be protected.

[KantianBurke]

I was under the impression that our armed forces defend the Constitution rather than using their terms of service to tear it apart. Such actions remind me of Scott Ritter's constant harpings on his own military service in order to shield him from any criticism of his positions.

[conservativecajun]

I agree. Flag burning should not be criminalized. However, it should be seen as utter disrespect for our brave soldiers. Flag burners shouldn't be imprissoned, but neither should the person who punches them in the face.

[CyberCowboy777]

you mean political groups that speak by proxy for you?

[KantianBurke]

true the analogies aren't identical but my point was that "speech" as defined by the Constitution is a very elastic term with certain actions, such as utilizing a US flag, being one of them imho.

[bird4four4]

I'm about to burn my flag. It's all worn out, I got a new one so when I go hiking in a few weeks it will be placed in the nightly camp fire.

I also intend to burn another flag. At the next pride parade I will be burning a flag of 8 different collored stripes.

[CyberCowboy777]

I don't want folks put in jail for burning the flag.

It should be shameful and an embarrassment to be so stupid you have to burn our flag to spew hatred. That you are so selfish and shallow that a point of pride for the men who defend your right to speech is easily disrespected in the ultimate possible manner.

News outlets should post names and neighborhoods should blacklist.

People like you don't make that so, you coddle the practice.

You may have a right to burn my flag but that don't make it right.

[earplug]

Redbob, If your near the national flag you may be guilty.
If Jane Fonda can commit treason. All should be able to burn or otherwise mark flags.

[KantianBurke]

woah calm down there. When did I ever say that burning the US flag was a GOOD thing? My responses pertain to the legailty of such an action, not whether its right or wrong in the moral sense. Of course its not! However imho its a protected action.