What should the Flag be taken as

Vulchor

Interesting story here. More of an emotional story than a real newsmaker I do believe but it would be intersting to get some feedback from everyone.

http://www.orlandosentinel.com/news/local/breakingnews/os-flag-replacing-veteran-charged-20101013,0,7312248.story

fla-gypsy

I will go first. I think we can find more important things to spend tax dollars on. The business owner is a jerk

YankeeMan

fla-gypsy:

I will go first. I think we can find more important things to spend tax dollars on. The business owner is a jerk

I agree. It would probably been better if he had the replacement flag ready to go up. That would have left the prosecutor with a good question. If you replace a taken item with one of greater value, is it still larceny?

If it were my jurisdiction, I would not have taken the complaint.

Vulchor

I absolutely agree that this is not an issue to bother court or taxes with.....but by doing nothing, or blaming the owner...are we defacto condoning theft?

[Deleted User]

It's about choices. The vet could have gone in and politely explained what he felt about the condition of the flag. He could even have bought a new one for the guy if it meant that much. But to say he was going to replace it with another sounds like a convenient excuse. The business owner could have asked more questions and got some education on what the flag means to vets. He didn't have to press charges but that's his right because his property was stolen. Kinda being a *** about it though. Personally, could have been handled better by both sides.

Vulchor

I think I mostly agree with this----and love the Leonard Cohen logo btw-----what I think I come back to in this it a few things. As I stated, I dont feel this is a court issue. Not worth the time or money, just drop it and let he two guys meet for coffee or a beer and talk. Secondly however, I have to feel the vet was wrong. I understand the symbolism of what the flag means and some peoples ardent feelings of respect for it------but at the end of the day, there is no law or regulation for how to care for or display the flag. It is merely a piece of property that someone can own, and it turn no other people should be able to come and steal it (or even replace it, lol) without the owners approval. Just my 2 cents I guess.

cabinetmaker

--"In addition to the Flag Code, a separate provision contained in the Federal Criminal Code established criminal penalties for certain treatment of the flag.6 Prior to 1989, this provision provided criminal penalties for certain acts of desecration to the flag. In response to the Supreme Court decision in Texas v. Johnson7 (which held that anti-desecration statutes are unconstitutional if aimed at suppressing one type of expression), Congress enacted the Flag Protection Act of 1989 to provide criminal penalties for certain acts which violate the physical integrity of the flag.8 This law imposed a fine and/or up to one year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor, or trampling upon any flag of the United States. In 1990, however, the Supreme Court held that the Flag Protection Act was unconstitutional as applied to a burning of the flag in a public protest.9"

http://www.senate.gov/reference/resources/pdf/RL30243.pdf

That being stated, I think it was not the vet's business and this is still not a court matter. Give him a fine, make him provide a new flag, and move on.

Vulchor

I agree Cabi and I think the ruling was found unstitutional was to prevent acts like this as well----just becaue I dont like the way your wash your car doesnt give me the right to steal it, or replace it----same personal possessions issue.