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Warrant for desecration of flag

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quincy

Senior Member
The “desecration of the flag” charge for burning the flag fits relatively well under the law as written - it is just a law that seems to scream unconstitutional.
 


Just Blue

Senior Member
The “desecration of the flag” charge for burning the flag fits relatively well under the law as written - it is just a law that seems to scream unconstitutional.
Yes...I just want to see* if aldaron could come up with a legally valid way that the OP should/could be charged with arson.







*to be clear, I am aware there isn't a way. ;)
 

quincy

Senior Member
aldaron lives in Colorado, which is fortunate for Refinats. The last thing Tennessee needs is a push to add flag-burning to their arson statute. :)
 

Taxing Matters

Overtaxed Member
The “desecration of the flag” charge for burning the flag fits relatively well under the law as written - it is just a law that seems to scream unconstitutional.
Not unconstitutional on its face. But where the flag is burned as an expression of an idea, e.g. as a form of protest, it certainly runs afoul of the First Amendment.
 

aldaron

Member
Tennessee
The State of Tennessee makes it a Class A misdemeanor for intentional desecration of the U.S. flag or the Tennessee flag. [Tenn. Code Ann. Sec. 39-17-311]
Desecration = arson!:p
 

quincy

Senior Member
Tennessee
The State of Tennessee makes it a Class A misdemeanor for intentional desecration of the U.S. flag or the Tennessee flag. [Tenn. Code Ann. Sec. 39-17-311]
Desecration = arson!:p
No. Read the arson law posted earlier.
 
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