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Warrant for desecration of flag

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Refinats

Member
I currently have a warrant for my arrest. The charge is desecration of a venerated object. I was in a heated argument with a neighbor. The conversation turned to a political one with slandering. I took a cheap dollar tree American flag out of my flower pot and burned it. The neighbor called the cops after I left. Just found out today ( a month later ) I have a warrant..... how can they do this when A.) it was my property I burned and B.) the Supreme Court has ruled this protected free speech?
 


Zigner

Senior Member, Non-Attorney
I currently have a warrant for my arrest. The charge is desecration of a venerated object. I was in a heated argument with a neighbor. The conversation turned to a political one with slandering. I took a cheap dollar tree American flag out of my flower pot and burned it. The neighbor called the cops after I left. Just found out today ( a month later ) I have a warrant..... how can they do this when A.) it was my property I burned and B.) the Supreme Court has ruled this protected free speech?
What US state?
Who issued this "warrant"?
What does the "warrant" actually claim you did - code section, etc.?
 

Refinats

Member
What US state?
Who issued this "warrant"?
What does the "warrant" actually claim you did - code section, etc.?
Campbell county Tennessee general sessions court signed off on the warrant. All I know is the charge is “ desecration of a venerated object” which is a class A misdemeanor in Tennessee. The court issued it on Aug. 7th. About 3 weeks after the incident took place.
 

Refinats

Member
Or a civil rights attorney.

Is the warrant for a failure to appear in court?
Nope. It’s for desecration of the American flag. I live in a backwards county and they don’t take to kindly to these kinds of things. The exact charge on the warrant is “ Desecration of a venerated object “. A class A misdemeanor in Tennessee. It’s the same charge someone would get for destroying a headstone or doing something to a dead body. As far as I know, the Supreme Court has ruled this freedom of speech. I’d like to sue. I failed a background check because of this causing me to not get a really good job. That background check is how I found out about the warrant.
 

zddoodah

Active Member
how can they do this when A.) it was my property I burned and B.) the Supreme Court has ruled this protected free speech?
I assume you don't really want to know "how" it was done. Rather, I suspect you're asking for confirmation of your theory about free speech. Assuming that is correct, I agree with you.

Under section 39-17-311 of the Tennessee Code, it is a class A misdemeanor if a person "intentionally desecrates . . . [a] state or national flag." No offense, but I'm guessing your in a bit of a "redneck" locality where they haven't quite gotten the message that enforcement of this law would be unconstitutional.

I suggest you consult with a local attorney (or better yet, one in Knoxville) about how best to deal with this.


I’d like to sue. I failed a background check because of this causing me to not get a really good job. That background check is how I found out about the warrant.
Yikes...then you definitely need to speak with an attorney.
 

quincy

Senior Member
Nope. It’s for desecration of the American flag. I live in a backwards county and they don’t take to kindly to these kinds of things. The exact charge on the warrant is “ Desecration of a venerated object “. A class A misdemeanor in Tennessee. It’s the same charge someone would get for destroying a headstone or doing something to a dead body.
How did you find out about the warrant? Are you sure you did not miss a court hearing on the “desecration of a venerated object” charge?

You can turn yourself in so that you are not arrested on the warrant but you should have an attorney with you.
 

Refinats

Member

quincy

Senior Member
It occurred at our apartment complex. The entire time I was setting on my porch.
Thanks for answering my question, Refinats. I wanted to see if there was anything else that might explain the charge.

Well ... the good news for you is that the law under which you were charged appears unconstitutional (although I don’t know how it is applied in practice). The bad news is you were charged with it anyway and arguing the constitutionality of a law can get costly.

I recommend you consult with a civil rights attorney in your area and, with the attorney in tow, turn yourself in to get the warrant vacated. Then go from there.

Good luck
 

LdiJ

Senior Member
I currently have a warrant for my arrest. The charge is desecration of a venerated object. I was in a heated argument with a neighbor. The conversation turned to a political one with slandering. I took a cheap dollar tree American flag out of my flower pot and burned it. The neighbor called the cops after I left. Just found out today ( a month later ) I have a warrant..... how can they do this when A.) it was my property I burned and B.) the Supreme Court has ruled this protected free speech?
I do suggest that you hire an attorney to try to get rid of the warrant. The last thing that you want to have happen is that you have a routine encounter with a police officer (like a traffic stop) who has to arrest you on the warrant and bring you in. Your car would likely get towed also if that happens. You really need this dealt with ASAP. Because it has been ruled as protected free speech a lawyer can probably make this go away fairly easily.
 

Refinats

Member

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