On second thought, maybe the gang that spray painted the American flag (previous piece) isn’t trying to Americanize at all. Perhaps they realize that desecrating an American flag might render them immune to prosecution for the entire incident.
Case in point: Andrew Elisha Staley of Marysville, Tennessee, stole a neighbors American flag on the Fourth of July, took it to another yard and torched it. Police found him staring at the flames laughing. He later admitted to being drunk that night.
Blount County General Sessions Judge Hugh E. DeLozier, Jr. has postponed Staley’s hearing because he’s interested in considering the defense attorney’s motion to dismiss the case and he wants to make sure they have plenty of time to discuss it. Defense attorney Tiffany Deaderick is asking for all five charges against Staley be dropped saying, "It’s unconstitutional as applied to my client.”
Staley was charged with drinking in public, theft, evading arrest, littering, and desecration of the American flag, but the Judge seems to be more interested in determining if Staley’s First Amendment rights have been violated. One reason for the delay is to allow the Judge to have time to review case law on the subject of flag burning. The question the court will examine is can Staley’s behavior be viewed as "expressive conduct?"
You heard it here first folks – it’s only a matter of time before the motley collection of vandals and petty criminals that plague our neighborhoods will be burning American flags at every opportunity so they can claim "expressive conduct."