Nebraska Man Arrested After Stealing And Burning Neighbors' Gay Pride (Rainbow) Flag

http://www.dailykos.com/story/2015/...-And-Burning-Neighbors-Gay-Pride-Rainbow-Flag

My opinion.... the kid messed up by STEALING the private property flag. BUt it that anydifferent than the people being hailed as hero's in #noflagginchallenge? http://unclesamsmisguidedchildren.com/noflagginchallenge-video-stealing-the-confederate-flag/ where people post videos about stealing private property confederate flags? I don't think so.

Is burning an (not stolen) American flag free speech? how about burning of a (non stolen) confederate flag? how about burning a (not stolen) rainbow flag?


if you answered "yes" "yes" "no" you are wrong in my opinion.


so I don't think a govt bill to protect any flag should be allowed to pass.

http://nationalreport.net/gays-introduce-rainbow-flag-desecration-bill/

I don't support US flag burning, but I do support your right to do it and denounce anyone that physically assaults you while excercising that right. The same should be extended to people who burn non-stolen confederate flags, or non-stolen rainbow flags.


Should this Nebraska kid be charged.... DEFINATELY.... he stole private property and the charges should represent replacement value of the flag and whatever stealing it warrants.

but if this isn't a hate crime

black man targetting a white person's flag


then the nebraska man didn't commit a hatecrime by stealing a rainbow flag.

 

Short version?

"Hating gays isn't as bad as hating us poor oppressed Confederate flag lovers"

 

whats the long version?what did the rainbow flag represent and its history? another offshoot jewish movement maybe...

https://en.wikipedia.org/wiki/Rainbow_flag

 

so stealing is ok, just as long as it's for YOUR political cause? I denounced the stealing of the rainbow flag. But if stealing a rainbow flag and burning it is homophobic and a hatecrime, why isn't stealing a confederate flag by a black guy targeting whites?


Personally, I think neither are hate crimes. Stealing is a crime, but one more example of why hate crime legislation isn't about equality, it's about power through subjective enforcement

 

Typical example of a prosecutor abusing his authority and over charging. Felony arson? For a flag?

 

Good, itll get dismissed.

 

like I said, this all stems from the stealing of private property. BUrning a US flag is constitutionally protected free speech.... so should burning a confederate flag, or *gasp*, a confederate flag.


I won't defend this guy's actions because he stole someone's property to make his statement. I wish he had just gone to Amazon, and burned a flag he ordered.


However, this story relates to confederate flag issue, because I don't see blacks getting charged for hate crimes for doing the same thing this guy did, stealing someone else's flag and destroying it.

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I want the hate crime charges dismissed, I don't want the theft charges dropped. He absolutely was in the wrong on that count.

 

It's petty theft, not felony arson, regardless of the motivation or anything else.

 

He didn't help himself by resisting arrest either.

 

Theft is still theft and trespassing is still trespassing no matter the persons state of mind, he needs to pay whatever the courts decide. Some village idiots simply have to prove to the world who they are.

 

Based on the limited information here no, those to things seem very similar.

I'm not convinced any are necessarily "speech" at all but regardless they're equal in themselves. Nothing happens in a vacuum though and the wider context the burning happens is key. Putting your tattered US flag in an incinerator is entirely different to putting a match to it outside the US embassy.

National Report is a parody site so I'm sure that report isn't true.

Well there's nothing in the main article you linked suggesting the rainbow flag burning was considered a hate crime. One of the victims were quoted talking about hate more generally which could well be considered an exaggeration for drunken stupidity.

"Hate crime" is a formal legal definition referring to motive, not actions. Just because the victim is of a particular race, gender, sexuality etc. (which obviously all victims are), hate crime only applies if it's believed the offender acted because the target had one of those characteristics.

 

This case raises an interesting legal issue. The young man, of course, can be charged with petty larceny and malicious mischief for stealing and burning the gay flag.

As for First Amendment right [assuming he raises it as an affirmative defense, hoping for jury nullification], this defense might be stricken as the ''fighting words'' exception to free speech [Chaplinski v New Hampshire]. The burning of a gay flag -- or a confederate flag -- might be an insult directed at a specific person likely to cause public disorder, such as a brawl, and therefore not protected by the First Amendment.

 

I support burning any and all flags. I do not support and in fact condemn the stealing of anyone's private property.

 

God forbid but this is kind of funny. I hope nothing bad happens to him.

 

I understand what you are saying, but why are confederate flags and gay flags to be protected but not the US? (for the record, I don't think the US flag burning should be outlawed either)

I mean, the same arguement can be made for burning the American flag can incite vietnam vets into fighting..... That reason didn't work for the US flag, why should it for any other flag?

I have even came out and said, if a person is burning the US flag, (or the latest.... wiping your ass with it) and a military (or anyone else) were to assualt and batter the flag desicrator, no matter how much I agree with the person who fought for the flag, I can't support them assaulting someone exercising their free rights


now, if they STEAL the flag and burn it.... that's different.


My opinion..... if you go after this guy for a hate crime, you have to go after the black guys stealing confederate flags, because as Capt Gorm posted on another thread.... "he garantees that confederate flag lovers are white racists and Republican" (paraphrased)


well, if that's the case, then the black guy was targetting whites in his crime of stealing..... why wouldn't that be a hate crime?



but, I don't think either the black guy or this kid stealing the rainbow trout flag should be charged with a hate crime. Just whatever crime stealing a 30$ nylon flag from someone's yard normally warrants.

 

You are absolutely right. If some nut-job burned the US flag at a Viet Nam Vet meeting, then the 'fighting words'' exception probably applies and the nut-job arrested for disorderly conduct.

My understanding of a ''hate crime'' is that the prosecution must prove the conduct was specifically motivated by animosity toward a member of the class covered by the statute.

 

so being targetted for being white is just a crime.... but being trargetted a black person for a crime is hate crime..... gotcha.


you are tending to take protected speech (flag burning) and cross an illegal line in order to try and make the point of "fighting words. if you go to a vietnam meeting, you are encroaching on them. That's like taking a rebel flag into a NBPP meeting.


That is completely different than publicly burning a flag on the corner of the road that a vet (or NBPP member) happens to be. YOu are allowed to burn any flag you want as protest and if a vet, or a NBPP member attacks you while you are excercising that right.... THEY are the ones in the wrong.


What we are seeing is a straight stealing a rainbow flag from a gay couple and burning it = hate crime
black stealing a confederate flag from a white person = simple theft.... "they shouldn't do it again, but it's not that big of a deal really"

 

Well we know which one wears the pants... A real man would have been able to protect his flag, Jess should find a stronger man. I do hope that someone tries to take my 3rd National Confederate Flag.

 

You got it. At least, that is the way I see the present state of the law. I am sure that 'whites' are not covered by hate-crime statutes. Of course, the degree of prosecution is at the discretion of the DA. If the prosecutor goes overboard, a jury is likely to acquit. Or a judge may grant a motion to dismiss.

 

Well the 2 incidents are completely different, the black man can't be charged with any crime because someone had slaves 200 years ago. The white guy should be locked up for being a racist bigot.

 

He's an idiot but the gay flag is ugly and cliche - if I was gay I'd be embarrassed to fly it.

 

I don't know why there needs to be a flag for being gay but you think the rainbow is ugly? Even if I was straight I would still like the colorful flag.

 

You know things must be going well in the world when message boards get filled with obscure stories that have essentially no meaning to anyone outside of those stories themselves.

Flagmania. Soon to be classified by the APA.

 

Why would anyone want a giant flag in their yard announcing the type of sex they enjoy to the entire world?

 

I agree, as long as the flag is not stolen, you have the 1st Amendment right to burn it