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Man Sentenced to 16 Years For Burning Gay Flag While Burning American Flag Remains Legal

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  • Whistler

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    It wasn't his flag.
    How about the American flags ripped from people's hands and burnt by Antifa? Not condoning theft though thats a pretty stiff sentence comparitively. I'm pointing out the out of control prosecution of so called "hate crimes" and the longer term impact to the 1st Amendment.
     

    TexasRedneck

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    How about the American flags ripped from people's hands and burnt by Antifa? Not condoning theft though thats a pretty stiff sentence comparitively. I'm pointing out the out of control prosecution of so called "hate crimes" and the longer term impact to the 1st Amendment.

    I hear ya - and agree. Now we need to push for THOSE sentences to be as stiff as his was.
     

    candcallen

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    Little Elm
    Read the story lest you think the flag burning got him 16 years. This was the culmination of a bigoted lifetime career criminal and more than a spontaneous protest flag burning.

    It was not as simple as all the clickbait news stories headlines would have you believe.

    I know most of you know this but many will get all indignant based on the headlines.
     

    oldag

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    Read the story lest you think the flag burning got him 16 years. This was the culmination of a bigoted lifetime career criminal and more than a spontaneous protest flag burning.

    It was not as simple as all the clickbait news stories headlines would have you believe.

    I know most of you know this but many will get all indignant based on the headlines.
    Had it not been for the "hate crime" charge, would he have been hit with the 15 year sentence though?
     

    candcallen

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    Little Elm
    Tell me how the first ammendment covers you for trespass, threats of arson, theft, then actually burning something the same place you threatened to burn down?

    It clearly covers his opinion on homosexuality all day long. The rest not so much.

    Hate crimes are hard to charge and prove because proving someone's intent is difficult, we see it all the time in cases people think are obvious but dont get charged. You have the absolute right to think and say anything you want. You do not have the right to target others and commit crimes using your first ammendment rights as a cover for your actions.

    Here, however, the ammendment he should have paid attention to was the 5th and kept his mouth shut. Without running his mouth he would have probably still went to jail but for about 5 years, max.. Being his 3rd strike his crimes were enhanced a level and sentence tripled. A much saner 3 strike law than some places where he would goto prison for life for any one of the crimes.

    Personally, I could care less about the opinion of a guy who frequents a strip club then has the balls to run on about Christian values as cover for his BS that includes judging others. It makes him the most irrelevant of all phucktards. I will hand it to him though, his hypocrisy knows no bounds and he owns it.
     
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    candcallen

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    Little Elm
    Had it not been for the "hate crime" charge, would he have been hit with the 15 year sentence though?
    If he kept his mouth shut he most likely wouldnt have been charged with the hate crime modification. He would still have been on his 3rd strike requiring all crimes to be enhanced a lever and sentences trippled.

    Like I said this isnt about a flag burning protest. There is much more involved most stories on the subject have conveniently left out cause it doesn't fit the click bait headline narrative. Conservative journalists are just as disgusting as libtard journalists in how they edit facts.
     

    Whistler

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    So we think trespass, threats, hypocrisy and petty theft is justification for 17 years? Oh forgot he frequents strip clubs and is against homosexuality.

    Doesn't sound like a good guy but you can't convince me another trespass would have netted 17 years without the "hate crime" designation.

    Not defending this guy in the least but if it'd been an American flag it wouldn't have been 17 years. If it'd been a Confederate flag he might have been lauded as a "social justice warrior" like Antifa or BLM.

    My point is you're missing the point.
     

    candcallen

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    Little Elm
    So we think trespass, threats, hypocrisy and petty theft is justification for 17 years? Oh forgot he frequents strip clubs and is against homosexuality.

    Doesn't sound like a good guy but you can't convince me another trespass would have netted 17 years without the "hate crime" designation.

    Not defending this guy in the least but if it'd been an American flag it wouldn't have been 17 years. If it'd been a Confederate flag he might have been lauded as a "social justice warrior" like Antifa or BLM.

    My point is you're missing the point.
    Actually, you are missing the point. His crime wasnt burning the flag in some protest. It was the threats, theft, trespass, arson etc.
    Infact if he wasnt a 3rd strike felon under the exact same set of circumstances he would have gotten a max of 5 years, probably 2 or 3 even with the hate crime conviction. If he wasnt a 3rd strike felon and he didnt run his mouth about
    TARGETING them because they are gay there would be no hate crime and he would probably not went to jail at all because the crimes and their sentences would not have been enhanced.

    While your freedom of speech and expression protects you from retaliation by a government when you burn the us flag, you have no such protection if you target specific people or groups. You may also be charged with theft trespass or other crimes depending on the circumstances around the us flag burning protest. People have been fined or convicted of such crimes in connection to the circumstances around their protest.

    This guys huge sentence was not for simply burning a gay pride flag. That's what people are getting completely wrong. He wasnt charged for burning a flag at all. It was the reckless use of fire meaning he could have endangered others. It was also all the other elements of the event he was charged with, just like getting charged with trespass and theft if you steal someone's American flag off their flag pole on their property.

    The bottom line is nothing he did is comparable to burning a US flag in protest, which is what the click bait headlines are attempting to insinuate. Those other details matter.

    I know you're trying to say he got nails for 17 years because it was a gay pride flag and wouldn't have if it was a US flag. The problem with that assertion is all the other facts and circumstances. This was not a simple protest. He was not some Joe citizen simply protesting.
     
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    Renegade

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    Actually, you are missing the point. His crime wasnt burning the flag in some protest. It was the threats, theft, trespass, arson etc.

    He was not charged with most of that:

    He received 15 years for the hate crime of arson, one year for the reckless use of explosives or fire and 30 days for harassment.

    In Texas vs Johnson, Johnson did the same thing but to an American flag, and it was free speech.
     

    Whistler

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    Actually, you are missing the point. His crime wasnt burning the flag in some protest. It was the threats, theft, trespass, arson etc.
    Infact if he wasnt a 3rd strike felon under the exact same set of circumstances he would have gotten a max of 5 years, probably 2 or 3 even with the hate crime conviction. If he wasnt a 3rd strike felon and he didnt run his mouth about
    TARGETING them because they are gay there would be no hate crime and he would probably not went to jail at all because the crimes and their sentences would not have been enhanced.

    While your freedom of speech and expression protects you from retaliation by a government when you burn the us flag, you have no such protection if you target specific people or groups. You may also be charged with theft trespass or other crimes depending on the circumstances around the us flag burning protest. People have been fined or convicted of such crimes in connection to the circumstances around their protest.

    This guys huge sentence was not for simply burning a gay pride flag. That's what people are getting completely wrong. He wasnt charged for burning a flag at all. It was the reckless use of fire meaning he could have endangered others. It was also all the other elements of the event he was charged with, just like getting charged with trespass and theft if you steal someone's American flag off their flag pole on their property.

    The bottom line is nothing he did is comparable to burning a US flag in protest, which is what the click bait headlines are attempting to insinuate. Those other details matter.

    I know you're trying to say he got nails for 17 years because it was a gay pride flag and wouldn't have if it was a US flag. The problem with that assertion is all the other facts and circumstances. This was not a simple protest. He was not some Joe citizen simply protesting.

    We'll have to agree to disagree.

    As a repeat offender he may have gotten a few years however sentencing for non-violent crimes is generally less harsh in this social climate. "Hate crimes" against any of the favored minorities is prosecuted with zeal. I dont believe he'd be as harshly sentenced absent that designation.

    I do agree it wasn't specifically about a flag and that running his mouth didn't help him at all. I don't condone his actions or beliefs as the former was unlawful and the latter unpopular.

    I contend in the exact same scenario against say a conservative, straight white male group and a Confederate flag that aspect would have been characterized differently and resulted in less stringent sentencing.
     

    Hoji

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    We'll have to agree to disagree.

    As a repeat offender he may have gotten a few years however sentencing for non-violent crimes is generally less harsh in this social climate. "Hate crimes" against any of the favored minorities is prosecuted with zeal. I dont believe he'd be as harshly sentenced absent that designation.

    I do agree it wasn't specifically about a flag and that running his mouth didn't help him at all. I don't condone his actions or beliefs as the former was unlawful and the latter unpopular.

    I contend in the exact same scenario against say a conservative, straight white male group and a Confederate flag that aspect would have been characterized differently and resulted in less stringent sentencing.
    I’ll post it again for those that didn’t click on it. The asswipe that assaulted and robbed the kid in San Antonio of his MAGA hat got zero time.
    https://www.mysanantonio.com/news/local/article/Man-seen-snatching-MAGA-hat-off-teen-s-14868134.php
     
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