A U.S. Army veteran is facing misdemeanor charges after burning an American flag outside the White House earlier this week. Jan "Jay" Carey, 54, of North Carolina, ignited the flag in Lafayette Park, reportedly protesting President Trump's executive order targeting flag burning.
The Charges
Carey is charged with lighting a fire in an undesignated area and lighting a fire in a manner that caused damage to real property or park resources. These are Class "B" misdemeanors, carrying a maximum sentence of six months in prison and typically resolved with a small fine in D.C.
The Protest
In a video of the incident, Carey stated he was protesting Trump's executive order, which directs prosecutors to charge individuals who burn the American flag. The Supreme Court has previously ruled that flag burning is protected under the First Amendment as a form of symbolic speech (Texas v. Johnson, 1989).
The Executive Order
Trump's executive order attempts to circumvent the Supreme Court ruling by arguing that flag burning can be prosecuted if it incites violence or constitutes "fighting words." The order directs the Justice Department to prioritize cases against flag burning that violate other laws.
Carey's Motivation
Carey, who was in D.C. with a group of veterans protesting the National Guard’s deployment, told WUSA9 that he decided to burn the flag after seeing news of the executive order. "I immediately thought I need to go burn a flag in front of the White House and let's put this to the test," he said.
Legal Precedents
The Supreme Court's decision in Texas v. Johnson established that flag burning is a protected form of expression under the First Amendment. However, the government can still regulate flag burning if it poses a direct threat to public safety.