Constitutional Law

Flag desecration case nixed against man who wrote AIM on US stars and stripes

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Two misdemeanor flag-desecration charges have been dropped against a Pennsylvania man who wrote AIM on the U.S. stars and stripes and hung the flag on his home upside-down.

Allegheny Township cited Joshuaa Shane Brubaker last year and seized the flag. But the American Civil Liberties Union of Pennsylvania stepped in to defend the 38-year-old, and a Blair County judge last week dismissed the charges, ruling that the flag is political speech protected by the First Amendment of the U.S. Constitution, according to the Associated Press and WJAC.

Brubaker says he intends to continue displaying the flag once police return it. AIM stands for American Indian Movement, an advocacy group for native Americans. His home is across the street from the police station, an earlier Associated Press article notes.

An ACLU press release provides additional details and a copy of the judge’s order (PDF).

An ACLU Web page about the Brubaker case links to additional documents in the case.

Related coverage:

WXPI: “Man facing charges for hanging American flag upside down, spray painting it “

Indian Country Today: ” Judge Finds Sufficient Evidence to Charge AIM Supporter

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