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Veteran charged with theft for removing tattered US flag

StefanM

StefanM

Well-Known Member
Site Supporter
Don said:
http://www.myfoxorlando.com/dpp/news/orange_news/101410-vet-charged-for-taking-us-flag

While I don't agree with this veteran's actions, I certainly understand thm. Seems to me, there are federal laws regarding the care of the US flag; perhaps this veteran could invoke those as a defense?
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Regardless, you cannot forcibly remove another person's property to ensure compliance with applicable regulations.

For example...even if a person were furnishing liquor to a minor, to take this person's liquor would be theft.

Even if the flag should not be flown in such condition, the veteran had no legal right to seize the flag.

And regarding any potential regulations on the flag, the man's statements regarding the status of the country indicate that his flying of the flag is a political statement, and there is no way any defense is going to override this first amendment issue.
 
Salty

Salty

20,000 Posts Club
Administrator
The article states it was a business that had the tattered flag.
I trust that every vets organization encourages every veteran to picket and boycott that store until
A. drop the charges
B. Make a public apology to the veteran in question as well as all vets in general
C. compensate the vet in question for any costs that he incurred

Actually, I had a similar experience. There was a flag flying improperly at a local fast food joint. I went in and told the manager. She said it would be taken care of.
Two hours later, I drove by and nothing had been done. As a NCO, I took action and corrected the problem. She came out and was mad.
I went back to my radio station (I was the GM) and told my audience what had happened. I even named the Establishment. I received nothing but praise for my actions!


You dont mess with Supermans cape, Santas Beard or Saltys national flag!
 
J

jaigner

Active Member
He put his mitts on someone's property. It's kind of petty, since he's probably a pretty old guy who is getting a little on the crotchety side. Both sides need to just chill - nobody's dying here.
 
B

billwald

New Member
Citizen arrest is not a good idea unless save another person's life because you have no legal protection and can be sued.
 
D

Don

Well-Known Member
Site Supporter
The State of Florida makes it a first-degree misdemeanor for anyone to mutilate, deface, burn or trample upon the U.S. flag, the Florida state flag or the flags of the Confederacy. The law also forbids the use of such flags for advertising or publicity purposes. [Fla. Stat. Ch. 876.52]
 
StefanM

StefanM

Well-Known Member
Site Supporter
Don said:
The State of Florida makes it a first-degree misdemeanor for anyone to mutilate, deface, burn or trample upon the U.S. flag, the Florida state flag or the flags of the Confederacy. The law also forbids the use of such flags for advertising or publicity purposes. [Fla. Stat. Ch. 876.52]
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And none of this will matter, as the U.S. Constitution protects free speech.
 
F

FR7 Baptist

Active Member
Don said:
The State of Florida makes it a first-degree misdemeanor for anyone to mutilate, deface, burn or trample upon the U.S. flag, the Florida state flag or the flags of the Confederacy. The law also forbids the use of such flags for advertising or publicity purposes. [Fla. Stat. Ch. 876.52]
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That law is unenforceable.
 
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