On Sat, 18 Apr 2015 22:40:24 -0700, Gunner Asch
wrote:

American Veteran Michelle Manhart Picks Up US Flag from Desecration
at Georgia University – Gets Arrested

snip


Interestingly enough, according to the US Code regarding desecration
of the United States Flag, it reads:

(a)(1) Whoever knowingly mutilates, defaces, physically defiles,
burns, maintains on the floor or ground, or tramples upon any flag of
the United States shall be fined under this title or imprisoned for
not more than one year, or both.

(2) This subsection does not prohibit any conduct consisting of
the disposal of a flag when it has become worn or soiled.

(b) As used in this section, the term "flag of the United States"
means any flag of the United States, or any part thereof, made of any
substance, of any size, in a form that is commonly displayed.

(c) Nothing in this section shall be construed as indicating an
intent on the part of Congress to deprive any State, territory,
possession, or the Commonwealth of Puerto Rico of jurisdiction over
any offense over which it would have jurisdiction in the absence of
this section.

(d)(1) An appeal may be taken directly to the Supreme Court of the
United States from any interlocutory or final judgment, decree, or
order issued by a United States district court ruling upon the
constitutionality of subsection (a).

(2) The Supreme Court shall, if it has not previously ruled on the
question, accept jurisdiction over the appeal and advance on the
docket and expedite to the greatest extent possible.

(Added Pub. L. 90–381, §1, July 5, 1968, 82 Stat. 291; amended
Pub. L. 101–131, §§2, 3, Oct. 28, 1989, 103 Stat. 777.)

Amendments

1989—Subsec. (a). Pub. L. 101–131, §2(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: "Whoever
knowingly casts contempt upon any flag of the United States by
publicly mutilating, defacing, defiling, burning, or trampling upon it
shall be fined not more than $1,000 or imprisoned for not more than
one year, or both."

Subsec. (b). Pub. L. 101–131, §2(b), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "The term
'flag of the United States' as used in this section, shall include any
flag, standard colors, ensign, or any picture or representation of
either, or of any part or parts of either, made of any substance or
represented on any substance, of any size evidently purporting to be
either of said flag, standard, color, or ensign of the United States
of America, or a picture or a representation of either, upon which
shall be shown the colors, the stars and the stripes, in any number of
either thereof, or of any part or parts of either, by which the
average person seeing the same without deliberation may believe the
same to represent the flag, standards, colors, or ensign of the United
States of America."

Subsec. (d). Pub. L. 101–131, §3, added subsec. (d).

Short Title of 2000 Amendment

Pub. L. 106–547, §1, Dec. 19, 2000, 114 Stat. 2738, provided that:
"This Act [enacting sections 716 and 1036 of this title] may be cited
as the 'Enhanced Federal Security Act of 2000'."

Short Title of 1989 Amendment

Section 1 of Pub. L. 101–131 provided that: "This Act [amending
this section] may be cited as the 'Flag Protection Act of 1989'."

Apparently, those that were violating the code here were neither fined
nor imprisoned. Yet, the one who stood up and sought to protect it
from desecration was arrested. Go figure!

If you really don't understand the law here, see USSC, United States
vs. Eichman, 1990. The "Flag Protection Act" has long been declared
unconstitutional. And, if you don't understand why she was arrested,
watch the video of her arrest.

It would take an amendment to the Constitution, which has been
attempted many times, but which Congress has never passed:

http://en.wikipedia.org/wiki/Flag_Desecration_Amendment

--
Ed Huntress