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.

But according to the state's response to the court of appeals, the two men lack legal standing to bring their case forward. State officials argue that charges were dropped against Winsness and that Larsen was never prosecuted. Yocom has also assured that neither man would face future prosecution under the statute. They also argue neither man can show any real damages suffered.

But Barnard said Yocom's promise is not good enough, and that both of his clients face possible prosecution in the future, under a type of law that the U.S. Supreme Court has found unconstitutional.

A call requesting an interview to deputy Utah attorney general Joel Ferre was not returned.

After hearing arguments Wednesday, the U.S. Court of Appeals must determine if either Winsness or Larsen has legal standing to bring their case forward. If the court upholds their suit, Barnard said then the issue before the lower court will be to determine whether Utah's flag desecration statute is constitutional.

For Larsen, the whole issue is about what the flag represents, not about the flag itself.

"If the flag doesn't stand for the right to desecrate the flag then what freedoms does it stand for?" Larsen said.

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E-mail: gfattah@desnews.com