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While the case could test a state statute against flag burning — an act the Supreme Court says is protected under the First Amendment — prosecutors said Andrew Elisha Staley has yet to argue that he was exercising free speech rights.
The teenager was released from jail Thursday on his own recognizance while he awaits his Aug. 2 trial on charges of desecrating a venerated object, underage drinking, littering, evading arrest, burning personal property and theft.
The Tennessee flag-burning statute makes the crime a misdemeanor, punishable by less than a year in jail and up to $2,500 fine.
(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.
Originally posted by sminkeypinkey
But, I can't help thinking this current vogue for elevating symbolism to the point where it is seriously being debated that 'burning the flag' is worthy of a incarceration is just nuts.