An Iowa man was arrested Thursday and was charged with desecrating the U.S. flag after hanging it upside down beneath a Chinese flag in protest at his home.
The Fort Dodge Messenger reported that Homer Martz, an Army veteran, of Somers, put up the flag to protest an oil pipeline being built without his consent next to a well that supplies water to his home. Martz said he was arrested by Calhoun County sheriffs at around 11 a.m.
"They said, 'You can't do this. We have a statute.' I said I'm sorry but you shouldn't have took them down," Martz told The Messenger. "So I walked back out and put them back up, and they arrested me."
Calhoun County Attorney Tina Meth-Farrington said that Martz faces simple misdemeanor and if convicted he could get a fine and at least 30 days in jail for a desecration charge.
Martz said he didnt know he was breaking the law. According to Iowa code 718A, Martz was charged with a misdemeanor because he tried to "publicly mutilate, deface, defile or defy, trample upon, cast contempt upon, satirize, deride or burlesque, either by words or act, such flag, standard, color, ensign, shield, or other insignia of the United States, or flag, ensign, great seal, or other insignia of this state.
The paper reported that if authorities fail to enforce the law, they could be removed from office.
"If they had asked me to take them down, and showed me the statute, I would have taken them down," he said. "But in my book, they trespassed by taking the flags down."
Martz protested the construction of an oil pipeline that he being built by the Texas-based company Dakota Access and will cross into Iowa. The company was granted the right to use eminent domain to take the land from landowners. The line will pass between Martzs home and well and he fears construction will break his waterline.
Dakota Access told the paper that they will fix the line if its damaged during construction.
Martz said his rights were trampled on.
"I'm a soldier," he added. "When I walked to the airport in the '70s with my dress uniform on, I was spit on. I stood in front of people that were protesting, and I've been cussed at. And like I said, that's their rights. I've never infringed on their rights.
"But you know, freedom of speech, freedom to protest - people can burn the American flag," Martz said. "It's legal. That's the Supreme Court."
#1: Vicomte13 To: Deckard (#0)
That he was or was not once a soldier is completely irrelevant. Soldiers are not "special" before the law. They are not more, or less, entitled. They have the same first amendment rights as everybody else, and the right to make a political statement by hanging the flag upside down under the Chinese flag - could there be a more obvious and direct political statement than that? What he means is obvious - is pretty much absolute.
Iowa or that locality have some laws, and local officials have enforced them. The United States has a law of political speech that is superior to, and more important than, those local laws and local sensitivities. If this man fights this in court, he will most certainly eventually win at the federal level. It's a no-brainer.
The Republican Right should take on this case, but they won't, so it is to be hoped that the ACLU will step up to the plate here.
Vicomte13 posted on 2016-08-16 10:02:19 Reply Private Reply
#2: Gatlin To: Vicomte13 (#1)
Although the U.S. Supreme Court has twice invalidated state flag laws, 47 states still have on the books laws, many modeled after the Uniform Flag Law of 1917, that prohibit the desecration of the flag or its use for advertising and publicity purposes.
Gatlin posted on 2016-08-16 10:28:27 Reply Private Reply
#3: Vicomte13 To: Gatlin (#2)
That's fine. In this case, the flag is not being descrated. It's being used to make clear political speech, and that is protected by the First Amendment. If the man in the case goes to court, he will certainly win.
Vicomte13 posted on 2016-08-16 10:33:55 Reply Private Reply
#4: Gatlin To: Vicomte13 (#3)
Gatlin posted on 2016-08-16 10:37:47 Reply Private Reply
#5: goldilucky To: Deckard (#0)
goldilucky posted on 2016-08-16 12:27:18 Reply Private Reply
#6: Deckard To: goldilucky (#5)
You're lucky you weren't on the receiving end of a no-knock SWAT raid.
Doesn't matter in the long run - pretty sure you and I both are on Obama's list of dissenters to be terminated, most likely when Hillary takes control.
This list isnt actually anything new, as it was leaked during the Bush administration. Of course liberals persecuted Bush for keeping such a list insisting that Democrats would never think of Americans in such a way. As it turns out this isnt entirely true.
Not only is Obama keeping the list and has updated it since he was elected into office, it has been around since the 1980s. Thats right, this list is a bi-partisan effort to violate the rights of Americans in a preemptive way on the basis that they are a threat to the government.
Deckard posted on 2016-08-16 13:41:10 Reply Private Reply
#7: goldilucky To: Deckard (#6)
Anybody flying a chinese communist flag in the WH is a traitor and the sworn enemy. If I see somebody flying such a flag like this in the WH, I will not hesitate to call them on this one. I have lived with real Red Beijing Communist and they are not nice people. They hate Americans. I would sit in American classrooms where I'd hear teachers tell students they had no rights to keep and bear arms and shit like that. Then, later I would discover this teacher was traveling over to Russia (probably getting his orders from the Russian intelligence) and back to the U.S. and still working "hot" as a teacher.
goldilucky posted on 2016-08-16 16:25:29 Reply Private Reply
#8: nolu chan To: Gatlin, Vicomte13 (#2)
Spence v. Washington, 418 U.S. 405 (1974)
Street v. New York, 394 U.S. 576 (1969)
Texas v. Johnson, 491 U.S. 397 (1989)
nolu chan posted on 2016-08-16 18:50:38 Reply Private Reply
#9: nolu chan To: goldilucky (#7)
It is standard protocol when there is a visiting head of state.
nolu chan posted on 2016-08-16 19:18:45 Reply Private Reply
#10: Vicomte13 To: nolu chan (#8)
If Hillary wins, you can add 2016 to that, and it'll be a different result.
Vicomte13 posted on 2016-08-16 20:34:36 Reply Private Reply
#11: goldilucky To: nolu chan (#9)
goldilucky posted on 2016-08-17 00:47:06 Reply Private Reply
#12: nolu chan To: goldilucky (#11)
Really? What's your source? Here's mine, supplemented by experience.
http://law.justia.com/codes/us/2014/title-4/chapter-1/sec.-7/
2014 US Code
Title 4 - Flag and Seal, Seat of Government, and the States (Sections 1 - 146)
Chapter 1 - The Flag (Sections 1 - 10)
Sec. 7 - Position and manner of display
4 U.S.C. § 7 (2014)
§7. Position and manner of display
4 U.S.C. § 7(g)
nolu chan posted on 2016-08-17 13:45:36 Reply Private Reply