Flag burning done wrong

[KBCraig]

If you're going to burn a flag, burn your own flag, not the VFW's.

http://www.kcrg.com/news/local/4487731.html

Independence Teen Accused of Burning American flag

AP - A northeast Iowa teenager accused of burning an American flag is charged with second-degree arson and desecration of a flag under the state's flag desecration law.

Maryann Beck, 15, of Independence is accused of setting the flag on fire at the local VFW hall Tuesday night.

Police Chief Douglas Rasmussen says it was ?a pure act of vandalism?. He says flag was on a flag pole outside the hall when it was set on fire.

Iowa law makes it illegal to publicly mutilate, deface, defile or defy the American flag.

Rasmussen says Beck was charged as a juvenile and she was turned over to her parents.

He declined to comment on a possible motive.

[Dreepa]

That particular law is wrong.. but if I was in that VFW post I would probably give that one a whoopin'.
It was private property.

[Pat K]

Yep always real smart to burn a flag were a bunch of Vets are drinking.

[MaineShark]

That particular law is wrong..

Is it?  Is anyone here familiar with Iowa's law?

NH has a law that could be quoted the same way.

646-A:2 Desecration Prohibited. ?
I. It shall be unlawful to knowingly desecrate a flag of the United States while it is properly displayed.
II. It shall be unlawful to knowingly desecrate a flag of the United States while it is the property of another.

The second part is obvious, since it would be destruction of private property.  The first could certainly sound similar to the Iowa law...

Of course, if one reads the definition section, it becomes clear that "properly displayed" means flags that were intentionally placed.

So, you are free to burn a flag that is your property; you just can't burn someone else's flag.  The "properly displayed" part simply prohibits you from destroying someone else's flag that he has placed on (for example) a grave site.  Avoids issues surrounding claims that the placed flag was "abandoned" or somesuch, by specifically saying that the placed flag is still protected the same as any other private property.

Iowa's law may be similarly nothing more than a protection of private property, taken out of context by a reporter eager to make the story more inflammatory.

Joe

[Spencer]

These laws are the Republican equivalent of a "hate crime": they create an extra crime where there is already a perfectly good one on the books (i.e., theft and / or vandalism) purely for political purposes.

[KBCraig]

Ohio's law may be similarly nothing more than a protection of private property, taken out of context by a reporter eager to make the story more inflammatory.

Are you just bringing up Ohio as a comparison? This story took place in Iowa.

[Dreepa]

Here is Iowa's law:

718A.1 Desecration of flag or insignia.
Any person who in any manner, for exhibition or display, shall place or cause to be placed, any word, figure, mark, picture, design, drawing, or any advertisement of any nature, upon any flag , standard, color, ensign, shield, or other insignia of the United States, or upon any flag , ensign, great seal, or other insignia of this state, or shall expose or cause to be exposed to public view, any such flag , standard, color, ensign, shield, or other insignia of the United States, or any such flag , ensign, great seal, or other insignia of this state, upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed, any word, figure, mark, picture, design, or drawing, or any advertisement of any nature, or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale, or to give away, or for use for any purpose any article or substance, being an article of merchandise or a receptacle of merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached or otherwise placed, a representation of any such flag , standard, color, ensign, shield, or other insignia of the United States, or any such flag , ensign, great seal, or other insignia of this state, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed, or who shall publicly mutilate, deface, defile or defy, trample upon, cast contempt upon, satirize, deride or burlesque, either by words or act, such flag , standard, color, ensign, shield, or other insignia of the United States, or flag , ensign, great seal, or other insignia of this state, or who shall, for any purpose, place such flag , standard, color, ensign, shield, or other insignia of the United States, or flag , ensign, great seal, or other insignia of this state, upon the ground or where the same may be trod upon, shall be deemed guilty of a simple misdemeanor.
[S13, ?5028-a; C24, 27, 31, 35, 39, ? 472; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, ?32.1]
C93, ?718A.1

[error]

Wow, I can hardly keep my eyes open while reading that.

It almost makes me want to go back to Iowa and burn some flags.

[MaineShark]

Are you just bringing up Ohio as a comparison? This story took place in Iowa.

Guess I shouldn't post while half asleep, huh?

Don't know where I got Ohio from.  Fixed it now, anyway.

Joe

[anthonybpugh]

Hey, I drive through Independence all the time.  I only have a few more months here in Iowa.  I should burn some flags for you error. 

[Recumbent ReCycler]

That particular law is wrong.. but if I was in that VFW post I would probably give that one a whoopin'.
It was private property.

I think I would have spanked her good too.

[error]

Hey, I drive through Independence all the time.  I only have a few more months here in Iowa.  I should burn some flags for you error. 

Burn some flags for liberty, instead.