The US Department of Justice has dropped charges against Jan 'Jay' Carey, a 55-year-old military combat veteran who burned an American flag near the White House in protest against President Donald Trump's executive order targeting flag burning.
Carey set the flag on fire in Lafayette Square, Washington DC, on the same day Trump signed the order in August. He shouted, 'I'm burning this flag as a protest to that illegal fascist president that sits in that house,' before being arrested by police.
The justice department did not explain its decision to dismiss the case, which came just days before a deadline to respond to claims by Carey's lawyers that his first amendment rights had been violated. Mara Verheyden-Hilliard, Carey's pro bono lawyer, called it 'a very significant victory for not only the first amendment rights of Mr Carey but the rights of all Americans to stand up and speak out.'
Flag burning has been protected under the US constitution since a 1989 Supreme Court ruling. However, Trump's executive order directed Attorney General Pam Bondi to 'vigorously prosecute' such acts, arguing they could incite violence. Following his arrest, Carey said he acted in response to what he called an 'illegal order' from Trump, adding, 'I did not do this just for myself, but for everyone who believes in the constitution.'
