Legal Question in Military Law in Georgia

Re: Flag Burning

It is unlawful to burn an American flag, however, there are also numerous consitutional decisions that may provide a defense in this situation.

Generally, the government (and the military) may not prohibit speech based on content. Speech is broadly defined to include symbolic speech, such as flag burning. Thus there may be a constitutional defense to flag burning sounding under the First Amendment. However, establishing this defense requires that it be raised at the earliest opportunity.

Keep in mind that if you are arrested on a military reservation for violation of federal law or military regulations, there are other sanctions above and beyond the criminal law that can be brought to bear against you, including loss of privileges to use military facilities.

Additionally, it is exceptionally unwise to burn a flag on a military installation, particularly in a time of war. Sometimes discretion is the better part of valor.

Re: Flag Burning

Contrary to popular thought and media hype, it has been and is ILLEGAL to burn the U.S. Flag, unless it is in conjucntion with a properly designed program to destroy ruined or soiled flags.

The law is Title 18, U.S. Code, Section 700(a)(1). If a person is charged under this section of the law [or similar State or Military Regulations], there may be various defenses to the charge.

To discuss those - if that is what you are looking for - you should consult with an attorney. These forums do not allow for the attorney client privilege, so it would be improper to discuss this online.

Sincerely,

Donald G. Rehkopf, Jr.