NC Man Faces Vindictive Prosecution After Flag Burning, Attorneys Say
Attorneys for a Western North Carolina veteran are seeking to dismiss charges against their client, who was arrested after burning an American flag in Lafayette Park. They argue that the charges are invalid because the law cited does not apply to acts of flag burning and that the prosecution is politically motivated.
Incident and Arrest
On August 25, Asheville-area resident Jan "Jay" Carey, 54, set fire to an American flag near the White House. Witnesses reported that he shouted during the act:
"In protest of the illegal, fascist president that sits in that house."
Carey was immediately detained by the U.S. Secret Service and handed over to the U.S. Park Police after his arrest, according to federal filings. Two days later, on August 27, he was charged with lighting a fire in an undesignated area and causing damage to park property.
Connection to Executive Order
Carey’s arrest occurred just hours after President Donald Trump signed an executive order titled “Prosecuting Burning of the American Flag.” The order called for increased penalties for those who burn the flag, including potential one-year prison terms, even though flag burning was deemed protected symbolic speech under the 1989 Supreme Court case Texas v. Johnson.
Legal Motion
Carey’s lawyers filed a motion to dismiss the case, maintaining that the charges contradict established First Amendment protections. They described the prosecution as an attempt to punish their client for his political expression rather than any legitimate criminal intent.
Author’s Summary
Jay Carey’s flag-burning protest in Washington sparked legal and political controversy, testing the boundaries of free speech and government authority under a new executive order.