MARYVILLE, Tenn. (July 15) - A teenager was jailed for nine days after being accused of burning an American flag on the Fourth of July, and he faces trial next month.
While the case could test a state statute against flag burning - an act the U.S. 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.
"Bottom line is, the kid got drunk," said Lisa Lee, his mother. "He's never been in trouble before."
Staley, 18, is accused of taking the flag from a residence and setting it on fire. His father said the teenager "has no reason for anger against the United States" and could easily have ignited a garbage can instead of a flag.
"He was brought up in church, and he knows right from wrong," Doc Staley said.
Doc Staley said his son has been "floundering around" since dropping out of high school. "This is where the drinking came in. And he's not very good at it," the father said.
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.
This case will go to the Supreme Court, possibly within the next two years. Tennessee has a statute, making burning the American flag a misdemeanor. However, the Supreme Court has said that burning the American flag is protected under the First Amendment free speech. It is a perfect conflict between an individual's right to free speech, and the state's desire to keep national symbols as sacrilegious. My argument here isn't about the nuances of First Amendment free speech--I believe the teen had every right to burn the flag for whatever reason--even if he was drunk and momentarily rowdy. But I am concerned about the makeup of the court within the next couple of years. Right now, Bush is considering resumes for a new candidate to replace Sandra Day O'Conner. If Bush is able to place the justice he prefers on the court--someone with the ideological background of a Scalia or Thomas--then the court will certainly tip rightward at the time when this case will be making its way into the court. Even worst is the possibility of Bush replacing Chief Justice William Rehnquist, John Paul Stevens, or Ruth Bader Ginsberg within the next two years. If the court shifts sharply right, then it may uphold the Tennessee flag-burning statute. The American public's First Amendment right to burn the American flag in free speech protest will be shredded. So keep your eyes on the court justices.
Because this case will be in the Supreme Court in the next couple of years.
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