Federal prosecutors in Washington, D.C., moved on Friday to drop charges against a man who was charged last year after burning an American flag outside the White House. This incident occurred shortly after President Donald Trump signed an executive order directing the Department of Justice (DOJ) to investigate flag burning.
Jan Carey was facing two misdemeanor criminal counts in federal court in Washington, D.C. Notably, neither charge specifically focused on the act of burning the flag itself. One count was for lighting a fire “not in a designated area and receptacle,” while the other was for lighting a fire “in a manner that threatened, caused damage to, and resulted in the burning of property, real property, and park resources.” Both charges carried penalties of a fine or up to six months in custody.
Carey had pleaded not guilty and was actively challenging his indictment. A lawyer representing Carey did not immediately respond to requests for comment. Similarly, the U.S. Attorney’s office in D.C. did not respond immediately to requests for comment.
In a video captured by WUSA9 during the flag burning, Carey identified himself as a military veteran and explained that he was protesting the executive order. He told the outlet, “I immediately thought I need to go burn a flag in front of the White House and let’s put this to the test.”
President Trump had signed an executive order directing the DOJ to investigate individuals who burn the American flag, despite a 1989 Supreme Court ruling that the First Amendment protects symbolic speech, including flag burning. The president’s order attempts to navigate around this ruling by instructing federal prosecutors to prioritize cases where flag burning violates other “content-neutral laws.” It also notes that the Supreme Court did not rule out charges if flag burning “is likely to incite imminent lawless action” or constitutes “fighting words.”
https://www.cbsnews.com/news/doj-moves-drop-charges-man-burned-us-flag-outside-white-house/