Academic

Is All Law Local? Minnesota Teen Prosecuted For Flag Desecration

By Dan Filler

Proving that the Supreme Court really does have limited power, Winona, Minnesota police arrested a 14 year for flag desecration - viz, writing on, shredding, and burning a flag.  He faces three misdemeanor counts.  In the end, a conviction could not stand - unless the Court abandons Texas v. Johnson - but that doesnt mean that local officials can't cause chaos in this child's life.  He's gone through an arrest.  He'll likely need to hire a lawyer.  And his arrest record will probably hang around the NCIC database for some time.  And all for a crime that isn't.

Of course, some state officials have been using unauthorized authority for years in the form of illegal searches and seizures.  It's awful tough to convince a police-centered judiciary that a search was improper, regardless of lived reality, and even if evidence is ultimately excluded, the operation is a success.  The defendant has been pulled off the street and punished in the form of invasive process. 

Over time I've come to conclude that too often, the Supreme Court can say whatever it wants.  Local officials know better.

H/T: The Conspiracy

Full post as published by The Faculty Lounge on September 20, 2008 (boomark / email).