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Man Arrested For Burning Flag Awarded $15K In Settlement, Burns Another Flag

Viewt

Member
via Chicagoist

An Illinois man will be awarded thousands of dollars after he settled his lawsuit against the Urbana Police Department, which arrested him last year after he posted a photo of himself burning the American flag. After the settlement, he again shared on social media a photo of himself with the flag on fire.

Bryton Mellott, Urbana, will receive $15,000, plus an additional $20,000 for legal fees in the settlement, the AP reports. Mellott—who was represented by the American Civil Liberties Union—was arrested on July 4 of last year. He was reportedly detained for five hours, but charges were not filed. Mellott sued the department's four arresting officers.

In the wake of the settlement on Monday, Mellot again posted a photo that appeared to show him holding a burning flag, with the words "eff ur flag."

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I remember us having a thread about this when he was arrested back in July, but I couldn't find it, so I figured, new news, new thread.
 

Viewt

Member
Why did they arrest him, in the first place it been legal to burn the flga for years.

I'm assuming that's why he won the case. He was never charged with anything, so the arresting officers were clearly just pissed off and wanted to fuck with him by detaining him for four hours.
 

CazTGG

Member
Wasn't there a Supreme Court ruling decades ago that found flag burning to be protected under the First Amendment? I don't get why they arrested him in the first place...
 

border

Member
I don't have any desire to see flags burned, but kinda feel like this trend oughtta be brought back just to see how all the "But what about Free Speech!" right-wing whiners react.

On exactly what pretense was he even arrested in the first place? What were the charges?
 
I think there is a state law in Illinois that bans flag burning, but because the Supreme Court already ruled flag burning to be constitutional, the law holds no weight in court. So, he can be arrested based on the Illinois law, but anyone actually trying to prosecute him would get destroyed in court.
 

tmarg

Member
I think there is a state law in Illinois that bans flag burning, but because the Supreme Court already ruled flag burning to be constitutional, the law holds no weight in court. So, he can be arrested based on the Illinois law, but anyone actually trying to prosecute him would get destroyed in court.

No, arresting people based on unconstitutional laws is also unconstitutional.
 

rjinaz

Member
there was a time where I was have considered this man a traitor. I would be full of rage because I would view it as messed up.

Lol what a fool I was. It's just a flag and this country is what's messed up. Never questioning this country and worshiping the flag like a God was taught to me when I was a little boy. It's scary when you really think about it.
 

Zeke

Member
How dare he burn my American flag
more than likely made in China.
Good on him for suing those jackasses.
 

Dude Abides

Banned
I think there is a state law in Illinois that bans flag burning, but because the Supreme Court already ruled flag burning to be constitutional, the law holds no weight in court. So, he can be arrested based on the Illinois law, but anyone actually trying to prosecute him would get destroyed in court.

That's not how it works. Arresting someone for breaking a clearly unconstitutional law is a violation of federal law. Hence the settlement.
 

dallow_bg

nods at old men
there was a time where I was have considered this man a traitor. I would be full of rage because I would view it as messed up.

Lol what a fool I was. It's just a flag and this country is what's messed up. Never questioning this country and worshiping the flag like a God was taught to me when I was a little boy. It's scary when you really think about it.

Heh, same.
I can't even fathom it now. What was I thinking?
 

Angry Grimace

Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
I mean, it's Tough Guys with Badges assuming they can get away with abusing their power to harass the public to conform to their world view.

The police have been arresting people on trumped up charges for years (e.g. back-talking a police officer, or whatever other non-arrestable thing) and until now, largely got away with it.
 
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