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Old 04-05-2006, 10:32 AM   #10
Alex
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Unless they can show there was some substantial risk in when and where the flag was burned then I think it is primarily a free speech issue and should not be charged with theft at most; if he burned it in the bushes next to a wood building it is substantially different than if he did it in a large swath of pavement or concrete.

And that is true regardless of what country's flag is involved (statutory protection of the flag from desecration is one of the stupidest ideas ever thought). Though I suspect that if he had burned an American flag the school administrators would be more willing to view it as a free speech issue and righties would be more willing to view it as a felony (I have no idea about scaeagles specifically).
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