There is little question that Jan Carey broke the law by starting a fire in Lafayette Park, even if he did so in protest of Trump’s Executive Order “criminalizing” the burning of the American flag. But he didn’t just start a fire. He then burned the Stars and Stripes the same day that Trump signed his EO. So was he being prosecuted for starting a fire, or targeted for burning the flag? That’s what D.C. Chief Judge James Boasberg decided he was entitled to find out.
You cannot falsely shout fire in a crowded theater. What about lighting a fire in a crowded park? After President Donald Trump issued an executive order directing the Department of Justice to prosecute anyone who engages in the protected speech of burning the American flag, Defendant Jan Carey marched to Lafayette Park and burned a flag in protest. He stands charged with violating park regulations that prohibit setting a fire outside a designated area or receptacle and lighting a fire that damages property or threatens public safety. Continue reading


