Washington Township police officer Scott E Miller filed criminal charges on June 11, 2007 against a Washington Township man for insulting the American flag. Easton lawyer Gary Asteak asks me the following question: "How the hell do you insult the American flag? What do you do, walk up to it and start cursing?"The following are excerpts from Officer Miller's lengthy affidavit of probable cause:
On May 30, 2007, this officer spoke with complainant, ... who wanted to report an individual who was flying the American Flag upside down.
[The complainant] had been driving ... with her family, which included four children and husband Scott, who is currently serving active duty with the Army. [Complainant] went on further to state that she comes from a military family and this was a very disturbing and insulting revelation that her family had observed, ie The American Flag flying upside down.
This officer advised her that this officer would speak to [the Defendant] and request that he remove the flag and/or fly it properly. On May 30, 2007, at approximately 1100 hrs., this officer went to [Defendant's] residence of which nobody was at home. This officer obtained three digital photos of The American Flag flying upside down on the property ... for report/investigative purposes.
This officer then left a phone message for [Defendant] in regard to the upside down US Flag. Shortly thereafter, [Defendant] returned the phone call leaving a voice message for this officer. [Defendant] indicated on the message that his purpose for flying the flag upside down is due to this country (USA) being in distress due to President Bush, Nancy Pelosi and all the other democratic politicians. He further stated that he would not remove the flag or fly it properly.
This officer then contacted [Complainant], and advised her of what [Defendant] had said. She requested this officer to further investigate the matter and determine if any charges could be pursued against [Defendant]. She was informed that this officer would look into the matter further.
June 9, 2007---After researching the above information, this officer concluded that [Defendant] is in violation of The PA Crimes Code, ... Insults to National or Commonwealth Flag. This officer also researched the Flag Code ... . Specifically [the Flag Code] states: The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. It further notes that this pertains to active duty personnel.
Upon obtaining this information, [Complainant] was asked if she wanted to pursue the matter further as the complainant in criminal charges being filed against [Defendant]. [Complainant] indicated that she and her husband, Scott wanted to pursue the matter and they would complete a written statement to the facts of the case. This officer received this written statement on June 11, 2007.
June 11, 2007 @ 1600hrs.---This officer contacted [Defendant] and advised him of the written complaint ... . He was once again asked to either remove the flag or fly it properly, or he may be subject to criminal actions based upon this officers' investigation. [Defendant] stated he is flying the US Flag upside down because our country is in distress due to the politicians and that it is not personally against our troops in Iraq. He was informed that although the upside down flag is an accurate form of distress for active military personnel, him flying it upside down due to his anger over the current administration is not the proper form of the flag flying upside down, and that his actions are criminal in nature. [Defendant] then advised this officer to do what was necessary and if need be, he will take this matter to the US Supreme Court, because he will not take it down or fly it properly.
June 11, 2007 @ 1630hrs.---[Defendant] came to WTPD and requested a copy of the US Flag Code ... along with a copy of PA Crimes Code section 2103 ... .
June 12, 2007---This officer obtained four photos of the upside down US Flag that resides on the property of [Defendant], which borders the public roadway. While photographing the flag, [Defendant] came out and spoke to this officer. He was still refusing to remove the flag or fly it properly. Therefore, [Defendant] was advised that charges will be filed again him.
And so they were. On June 21, 2007, this Washington Township resident was charged with a second degree misdemeanor. He retained Gary Asteak, and was ready to slug it out in court. But the DA was not. He dumped the case. Good for him.
Instead of spending all his time reading the Crimes and Flag Code, he should take a gander at this thing called the First Amendment. It's not too long and doesn't contain any big words. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Now he can return to harassing skateboarders.
