Man arrested in burning of American flag

NOBLESVILLE, Ind. -- An Indiana man accused of burning an American flag behind his home has been arrested, despite rulings from the U.S. Supreme Court that said flag-burning is an exercise of free speech.\nDavid H. Stout, 49, of Noblesville was charged Monday with flag desecration and resisting law enforcement. He was being held Tuesday at the Hamilton County Jail on a $9,000 bond.\nStout was arrested Sunday after police found him lying beside a burning flag in an alley behind his home.\nIndiana is among 48 states that still have a law against flag desecration on the books, even though the U.S. Supreme Court has twice said flag-burning is a constitutionally protected form of expression.\n"I assume she's aware that the U.S. Constitution trumps (a state law)," said John Krull, executive director of the Indiana Civil Liberties Union. "Since we're seeing flags everywhere right now, including places I'm sure even Betsy Ross never intended, it would be hard to desecrate a flag."\nStout told a neighbor who tried to stop the burning that he could burn his flag if he wanted. The neighbor called police.\nStout is accused of throwing a lighted firecracker at a police officer and struggling with police when they took him into custody.\nHamilton County Deputy Prosecutor Wendy Petersen filed the charges against Stout.\n"Our particular statute has not been challenged," Petersen told The Indianapolis Star. "We still have flag desecration on the books, although we may certainly come up against that (constitutional) argument if we continue to prosecute Mr. Stout."\nBoth charges against Stout are misdemeanors, each carrying maximum penalties of one year in prison and a $5,000 fine upon conviction.\nPetersen agreed that the surge of flag-waving since the Sept. 11 terrorist attacks may have created a new sensitivity to flag desecration.\n"I can't comment on what the officers were thinking at the time, but probably a report of flag burning would be taken more seriously because of the environment," she said. "I don't know what we would have done before Sept. 11."\nIndiana's law states that "a person who knowingly or intentionally mutilates, defaces, burns or tramples any United States flag, standard or ensign commits flag desecration." \nThe statute does not apply to proper disposal of flags by burning.\n"There are laws on the books in 48 states, but the Supreme Court decision in 1989, which the court reiterated in 1990, has invalidated all those laws," said Marty Justis, executive director of The Citizens Flag Alliance.\nThe organization was founded in 1994 by the American Legion and is based in Indianapolis. It represents 142 organizations with collective membership of about 20 million.\nJustis said the sole purpose of the alliance is to pass a constitutional amendment to protect the American flag from desecration.\n"An amendment has gone through the House four times in the past four congresses, the most recent being last July," he said. "We've been unable to get it through the Senate."\nStout remained in jail where he was being held Monday in lieu of $9,000 bond.