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December 2, 2025

Martinsville Flag Desecrator- Federal Law violated?

By Kirk Allen & John Kraft

On May 20, 2015

Clark Co. (ECWd) –

Federal Law: 18 U.S. Code 700 – Desecration of the flag of the United States; penalties- (Link to Federal Code)

(a) (1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.

What better example to use than prosecuting a teacher who appears to have violated Federal Law in front of students?  Will our laws ever have meaning for those students if this teacher is not held accountable?

I would hope that the School Board demand the US Attorney step in and take action against this teacher for his knowingly desecrating the American Flag by trampling upon it in front of young impressionable students.

For those that have the nerve to scream a claim this teacher’s actions are protected under the 1st amendment, I suggest you learn history and the application of law.

This action took place while on the public dime in a class room full of students.  This action was not done as a citizen, but as a teacher.

The Supreme Court held: “When public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” (Click here for Garcetti v. Ceballos)

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12 Responses

  2. No, employer discipline is not the same nor is anyone implying that it is the same. He should be fired and then charged with the Federal Crime he violated.

  3. apples and oranges. Employer discipline is not that same as violating federal law.

  4. I feel the teacher should definitely be held accountable for his actions. He was big enough to stomp the flag in front of the kids, I would love to see him try this act in a room full of servicemen and veterans!

  5. Don’t confuse a settlement case with a Supreme Court ruling. The guy agreed to resign and was paid his compensation to go away. The cost of federal litigation is expensive but that does not change the law.

    1. The point is he wasn’t convicted of anything, did not go to Jail, and the school had to pay the man a fair amount of taxpayer money to get him to “go away”. Do a quick Google search of news articles and you will see this happens more often than you think…

      1. He wasn’t convicted because his actions were not illegal. This teachers actions were!