Illinois man who was arrested for burning the flag is now suing
Bryton Mellott, a 22 year old Urbana, IL resident, made quite a stir last July with his burning flag post on social media. Even President elect Trump tweeted about this incident at the time.
(Bryton Mellott's image burning a flag. Image source - Twitter)
"I would like to one day feel a sense of pride toward my nationality again. But too little progress has been made. Too many people still suffer at the hands of politicians influenced by special interests. too many people are still being killed and brutalized by a police force plagued with authority complexes and racism. Too many people are allowed to be slaughtered for the sale of gun manufacturer profits. Too many Americans hold hate in their hearts in the name of their religion, and for fear of others. .... I do not have pride in my country. I am overwhelmingly ashamed, and I will demonstrate my feelings accordingly. #ArrestMe."
- Bryton Mellott
(Bryton Mellott's mug shot. Source - Champaign Co. DoC)
Mellott was arrested for exercising free speech. Illinois had enacted a law in 2013 that prohibited this type of speech. This law was in clear contradiction of the U.S. Supreme court ruling in Texas v. Johnson, 491 US 397 (1989), which stated that the "desecration" of the U.S. flag was protected free speech.
As NPR reported on 07/05/16:
Urbana Police Chief Patrick J. Connolly says that his officers acted in good faith and had reviewed current state law. When officers went to Mellott's workplace to investigate the threats, Connolly says, "they made contact with the poster who declined to assist in deescalating the situation by removing the public postings."
Connolly continues, "Given the nature of the escalating negative landscape and the concern for the poster, fellow employees at the workplace, and innocent customers, the officers took action to take the poster in custody pursuant to the Illinois Flag Desecration statute."
RawStory reported that Bryton Mellott's lawsuit is against four police officers with the Urbana Police Department. These officers violated his right to free speech and illegally detained him. The American Civil Liberties Union (ACLU) is representing Mellott in the lawsuit was filed with U.S. District Court for the Central District of Illinois.
Flag burning is protected under Free Speech. You may not like the act or you may not care. That is your right as an American, but part of the great American experiment is allowing others the freedom to do things you personally do not agree with.
(Article by Jaimes Campbell)