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May 18, 2022

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 Comments
  • ECWDogs
    Posted at 19:02h, 20 May

    Martinsville Flag Desecrator- Federal Law violated? http://t.co/2k882rBrm0

  • Kara O'Rourke Butler
    Posted at 19:47h, 20 May

    Kara O’Rourke Butler liked this on Facebook.

  • Mark Moda
    Posted at 19:47h, 20 May

    Mark Moda liked this on Facebook.

  • Eric Jackson
    Posted at 22:32h, 20 May

    Eric Jackson liked this on Facebook.

  • Fred
    Posted at 06:29h, 21 May

    http://dailycaller.com/2013/05/07/flag-stomping-south-carolina-english-teacher-gets-85000-settlement-from-school-district/

    It seems to have worked in favor of this English teacher in 2013, and badly for the school district. Martinsville may want to move with caution.

  • Kirk Allen
    Posted at 08:39h, 21 May

    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.

    • Fred
      Posted at 06:25h, 22 May

      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…

      • Kirk Allen
        Posted at 16:58h, 22 May

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

  • Steve Graham
    Posted at 10:03h, 21 May

    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!

  • Dan Smith
    Posted at 13:53h, 21 May

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

  • Kirk Allen
    Posted at 14:42h, 22 May

    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.

  • [email protected]
    Posted at 21:38h, 29 June

    It’s not illegal and hasn’t been for 26 years. Disrespectful? Yes. Illegal? No.

    Think of that what you will, but that’s how it is.

    https://en.wikipedia.org/wiki/Texas_v._Johnson

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