Just read the Maine statutes, where it says:
§254. Mutilation
No person shall publicly or openly mutilate, deface, defile, defy, trample upon, or by word or act cast contempt upon any such flag, standard, color, ensign or shield. [1973, c. 262, § 2 (amd).]
Any violation of this section shall be a Class E crime. [1977, c. 696, § 8 (rpr).]
Does that mean that Maine has a provision already about flag desecreation? And if so, can a person burn a flag in let's say Massachusetts, but not in Maine? I'm confused now .... :(
2006-07-11 18:37:22 · 5 answers · asked by Sashie 6 in Politics & Government ➔ Other - Politics & Government
I have no intention of burning or desecrating any flags ... just wanted to know if Maine laws are being followed with regard to flag desecreation ... was looking for an answer from somebody who might actually KNOW ....
2006-07-11 18:43:09 · update #1
Maine's statute, even if it's still on the books, is trumped by the US Supreme Court, which has struck down state and federal flag desecration laws as a violation of the 1st Amendment of the US Constitution. So, at the very least Maine's statute is unenforceable if not outright unconstitutional.
2006-07-11 18:43:29 · answer #1 · answered by m137pay 5 · 1⤊ 0⤋
Note the date of the law. This has been updated.
Maine is one of the few states which limits "desecration" solely to commercial and advertising purposes.
It's not a crime in Maine to deface, defile, burn, or otherwise publicly damage a flag or any part of a flag as part of any political demonstrations.
2006-07-12 01:44:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Since it's a state law it only applies in that state. I don't think the law is still valid.
Last I heard SCOTUS (Supreme Court of the United States) declared flag decration to be legal as a form of protected speech. State laws against flag desecration were declared unconstitutional in _Texas v. Johnson_ in 1989. Congress responded with a federal law that was also ruled unconstitutional in _US v. Eichman_ in 1990.
I'm guessing that this 1973/'77 law has been null since 1989. If there were a new law since 1990, it may be technically valid while uncontested but would eventually be declared unconstitutional if enforced, unless SCOTUS changes its mind.
2006-07-12 02:00:02 · answer #3 · answered by Wyld Stallyns 4 · 0⤊ 0⤋
burning flags causes air pollution
2006-07-12 01:44:02 · answer #4 · answered by American Guesser 2 · 0⤊ 0⤋
Let me put it easy for you.. DO NOT BURN ANY FLAGS, ANYWHERE. It's just not cool.
Good day.
2006-07-12 01:41:10 · answer #5 · answered by johnnybutt12 4 · 0⤊ 0⤋