2 Utahns fighting flag-defacing law
Now, two Utah men are weighing in, challenging a Utah law that makes it a crime to deface the U.S. and Utah flags.
Wednesday, the U.S. 10th Circuit Court of Appeals will hear oral arguments in the case of a Utah man who was charged under Utah's flag desecration law. The argument will be heard as part of a special session of the Denver-based court at the University of Utah.
Kris Winsness claims his right to free expression was violated when he was charged in Salt Lake County with a class B misdemeanor. According to Winsness' attorney, Brian Barnard, his client burned an image of a "smiley face" on a U.S. flag as an expression of Winsness' frustration with the judicial system. He then displayed his work in front of his garage in October 2002.
According to Salt Lake County authorities, many of Winsness' neighbors were offended by his actions and called the sheriff's office. According to the state's brief to the court of appeals, when asked by the deputy why he marked the flag, the deputy reported she was told "he was bored." The deputy then confiscated the flag as evidence.
Later, Winsness was charged under Utah's flag desecration law.
The law, which was last amended in 1953, states: "A person is guilty of abuse of a flag if he: (a) intentionally places any unauthorized inscription or other thing upon any flag of the United States or of any state of the United States; or (b) knowingly exhibits any such flag, knowing the inscription or other thing to be unauthorized; or (c) knowingly casts contempt upon the flag of the United States or of any state of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it."
But Barnard claims Utah's law is unconstitutional under a 1989 U.S. Supreme Court ruling, that declared a similar statute in Texas unconstitutional.
"It is simplistic and short-sighted to suggest that by law, government can mandate respect for the flag," Barnard said. "The freedoms represented by that flag mean that the protester is able to burn the flag."
County prosecutors dropped Winsness' case but reserved the right to refile charges at any time. Barnard said that clearly puts his client in constant fear of being prosecuted in the future.
Ken Larsen, who is also a party in the case, was a third-party candidate for governor of Utah in the last election. As part of his campaign, Larsen handed out miniature versions of the Utah State flag, which he signed with a gold-ink pen.
Larsen said he asked Salt Lake County Attorney David Yocom if that would be prosecuted. He didn't hear back until he became part of the suit against Salt Lake County and Utah.
Comments
- Man injured in Taylorsville stabbing 10:22 a.m.
- Dispose of old TVs 10:16 a.m.
- Man killed in motorcycle crash 10:16 a.m.
- Man pleads guilty in fatal crash 10:02 a.m.
- 16 killed in Somalia 9:23 a.m.
- Mass funeral for massacre victims 9:22 a.m.
- Obama: 'Africa not separate' 9:20 a.m.
- Former cop seeks parole 9:17 a.m.
- 5 hurt in latest Pamplona bull run 8:49 a.m.
- Delay in Jackson guardianship case 8:47 a.m.
- Jazz brass debate Millsap match
- LDS seminary principal arrested
- 2 men cited on LDS plaza
- Jazz finances not quite so bleak
- HBO defends U. logo use in 'Love'
- Reactions on Boozer speculation
- Cash for Clunkers to get rolling soon
- Utahns among Texans' investors
- Man spots his stolen car
- Jazz rookies quiet Thunder youngsters
- LDS seminary principal arrested
203 - Bronco collecting a galaxy of recruits
141 - Jazz talking Boozer trade?
137 - Jazz brass debate Millsap match
133 - Blazers may offer Millsap a contract
123 - Stadium of Fire flag burning was fake
95 - 2 men cited on LDS plaza
88 - Fairness of BCS debated
81 - Chaffetz eyes challenging Bennett
76 - Letters: Single-payer system best
75
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
To See Ya:First your not packing the moving van! Your plagerizing Sean Penn's...
Is this some sort of new GOP talking point? It meets the criteria: A) no...
IN 2003 the Jazz drafted a point guard Named Mo Willaims he was a heck of a...
From reading the blog, posted from the gay couples own words, it is apperant...
to the 2:35 commentator, Who are you calling a pedophile? While I do...
I think it's wrong to judge someone of sinful acts, when, in actuality, none...
Is there any evidence other than text messages? Did he left his phone on his...
What planet are you from, just because someone does someting wrong doesn't...
These people were obviously trying to cause a stir. It is all part of the...
For one, u have no room to talk smack. That JV team has beat the u in every...


You can be the first to comment on this story.