Professor Volokh Talks About Arrest of July 4th Flag Burner with U.S. News

July 6, 2016—Professor Eugene Volokh was quoted by U.S. News on an Independence Day arrest of an Illinois man who posted to Facebook a photo of himself burning an American Flag. The Urbana, Illinois Police Department charged the man with a felony under a state flag desecration law, but Illinois State’s Attorney Julia Rietz announced she would not pursue the charges, as they are unconstitutional. Professor Volokh agrees.

“It seems that what they mean is if you post something that makes people upset with you and send threats to you, leading to police investigation and protection, then you’re committing a crime because of what the threateners are saying -- and that’s been clearly an impermissible theory since at least 1949” with the ruling in Terminiello v. City of Chicago, said Professor Volokh.

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