Tattered flag confiscated by police in Henryetta

[henschman]

I think this is absolute crap. If you don't like what someone is doing with their own property, you can use your freedom of speech to voice your disapproval -- but you have NO RIGHT to use force and theft to make them follow YOUR preferences for THEIR property, when what they're doing doesn't threaten any of your rights. That is one of the biggest problems with Americans -- willingness to use force/law to impose their personal beliefs on others.

 

[cmhbob]

FWIW, I emailed the Henryettan editors and asked them for more info on this. I'll post what I get.

 

[inactive]

The really important question here is, did the cops drive 5-10mph over the speed limit to get there?

And when they arrived at the offender's house, they probably asked him where he was going.

 

[tntrex]

Where are the pics of flag?

 

[LightningCrash]

And when they arrived at the offender's house, they probably asked him where he was going.

I bet they even told him to have a nice day!

 

[progun40]

I have been a member on here for several years, and many of you know me and have personally met me. I cant speak in great detail about this because the case has been sent to the District Attorney at his request.

Officers were called by veterans who had asked the owner to remove the flag. The department did contact the district attorney before making contact with the owner. Based on his recommendation the flag was seized as evidence in this case. I can tell you this, the flag had been intentionally mutilated, cut and was badly discolored. Here is a picture of the flag. View attachment flag.JPG

Also the Chief did not say anything about the flag being dirty, he stated that the flag had been mutilated. Based off of state statute that is a felony. T.21 S.372

There are several other facts in this case not reported in the media.

 

[milsurp2.0]

I have been a member on here for several years, and many of you know me and have personally met me. I cant speak in great detail about this because the case has been sent to the District Attorney at his request.

Officers were called by veterans who had asked the owner to remove the flag. The department did contact the district attorney before making contact with the owner. Based on his recommendation the flag was seized as evidence in this case. I can tell you this, the flag had been intentionally mutilated, cut and was badly discolored. Here is a picture of the flag. View attachment 23708

Also the Chief did not say anything about the flag being dirty, he stated that the flag had been mutilated. Based off of state statute that is a felony. T.21 S.372

There are several other facts in this case not reported in the media.

Thank you for the clarification.

 

[cmhbob]

Thanks for the information, Progun.

State law may prohibit that, but I'm betting if this goes anywhere, state law will be held unconstitutional, as it specifically outlaws speech as well. That's a blatant 1A violation, and US v Eichman probably overrules the rest of the statute.

 

[inactive]

Thanks for the information, Progun.

State law may prohibit that, but I'm betting if this goes anywhere, state law will be held unconstitutional, as it specifically outlaws speech as well. That's a blatant 1A violation, and US v Eichman probably overrules the rest of the statute.

According to OSCN, this has never been cited in a court decision, so I reckon it's not been vetted to date. It will be interesting, for sure.

 

[milsurp2.0]

Thanks for the information, Progun.

State law may prohibit that, but I'm betting if this goes anywhere, state law will be held unconstitutional, as it specifically outlaws speech as well. That's a blatant 1A violation, and US v Eichman probably overrules the rest of the statute.

What about a municipal ordinance?