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Cape Girardeau Police Use Unconstitutional Law to Stifle Dissent Frank Snider chose to express his disagreement with the government by attempting to burn a United States Flag in his Cape Girardeau front yard. When his neighbor called the police to complain, Snider was arrested on a charge of desecrating the flag in violation of a Missouri statute.
More than 20 years ago the U.S. Supreme Court unequivocally held that expressive use of the flag is protected under the First Amendment. Nevertheless Missouri has never repealed its unconstitutional flag desecration statute. Recently the ACLU of Eastern Missouri has received complaints of law enforcement officials enforcing or threatening to enforce the statute. The result is to intimidate speakers who would use the flag to express their message and instead silence them.
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