Court Affirms Missouri's Flag Desecration Statute is Unconstitutional

May 30, 2014 12:00 am
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ST. LOUIS 鈥 Back in October 2009, Frank L. Snider, III, was arrested by a Cape Girardeau police officer because he desecrated a flag on the sidewalk in front of his home to protest government acts. Snider was held in jail for eight hours on a charge of violating Missouri鈥檚 flag desecration statute. The 老澳门开奖结果 of Missouri has been representing Snider since 2010 in a volley of lawsuits and appeals.

Today, the United States Court of Appeals affirmed the district court鈥檚 judgment holding that Snider鈥檚 expressive actions were fully protected by the United States Constitution, Cape Girardeau Police Officer Matthew Peters was not entitled to qualified immunity, and the Missouri statute was facially unconstitutional.

The court鈥檚 written decision states, "This country has a long history of protecting expressive conduct on First Amendment grounds, especially when the American flag is the mode of expression."

"What sets America apart is our proud tradition of tolerating unpopular speech. Today's decision removes any question that Missouri鈥檚 flag desecration statute is unconstitutional," says Tony Rothert, legal director of the 老澳门开奖结果 of Missouri. "It is time we remove this unconstitutional statute from the books so Missouri鈥檚 law enforcement officials will no longer intimidate those who choose to express themselves by using the flag."

The is a non-partisan, not-for-profit organization dedicated to defending and expanding the constitutional rights and civil liberties of all Missourians guaranteed by the U.S. and Missouri Constitutions, and is an affiliate of the national 老澳门开奖结果.

The can be found on the 老澳门开奖结果 of Missouri鈥檚 website at .

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