Don't Tread On, Deface, Defile, Trample, or Mutilate Me

Iowa Gov. Chet Culver has signed a bill that clarifies the state's flag desecration law. It also provided improved counseling benefits to veterans and an array of other veteran-related goodies.

The legislature passed the bill as a result of a ruling by U.S. District Court Judge Robert Pratt in March ruling in two cases that involved the flag; in one case the flag was flown upside down and, in the other, the flag had "Corruption of Blood" written on it. Prat said the state's law was unconstitutional because it was too vague. and concluded the law violated the due process law of the 14th Amendment of the U.S. Constitution, which requires that laws be specific enough so the public can reasonably determine whether conduct is illegal.

Pratt's ruling came after two separate cases in which Iowa residents were charged after they flew flags upside down as a way to protest personal losses or disagreements with officials. In both cases, the charges were dismissed.

The bill signed this week by Culver states that it is illegal to show disrespect to the flag by defacing it, defiling it, mutilating it or trampling upon it. The bill also defines each of those terms. The new law (HF 817) was amended to read
HF817 defined

Sec. 15.  Section 723.4, subsection 6, Code 2007, is
  5  7 amended to read as follows:
  5  8    6.  a.  Knowingly and publicly uses the flag of the United
  5  9 States in such a manner as to show disrespect for the flag as
  5 10 a symbol of the United States, with the intent or reasonable
  5 11 expectation that such use will provoke or encourage another to
  5 12 commit a public offense trespass or assault.
  5 13    b.  As used in this section:
  5 14    (1)  "Show disrespect" means to deface, defile, mutilate,
  5 15 or trample.
  5 16    (2)  "Deface" means to intentionally mar the external
  5 17 appearance.
  5 18    (3)  "Defile" means to intentionally make physically
  5 19 unclean.
  5 20    (4)  "Flag" means a piece of woven cloth or other material
  5 21 designed to be flown from a pole or mast.
  5 22    (5)  "Mutilate" means to intentionally cut up or alter so
  5 23 as to make imperfect.
  5 24    (6)  "Trample" means to intentionally tread upon or
  5 25 intentionally cause a machine, vehicle, or animal to tread
  5 26 upon.
  5 27    c.  This subsection does not apply to a flag retirement
  5 28 ceremony conducted pursuant to federal law.

According to the Press-Citizen

Ben Stone, executive director of the ACLU's Iowa chapter, said Wednesday the clarified bill remains vague.

"We certainly hope that the enactment of this bill is not interpreted by law enforcement as a green light to go out and arrest political protesters," Stone said.

He said the bill does not address "all the problems of the statute ... and therefore it's still not a good idea.

"It would be inconsistent with the spirit of the First Amendment to think this law should be used to arrest political protesters," Stone said. "Just because the Legislature and the governor passed this feel-good legislation it doesn't mean these code sections should be wielded by law enforcement to put down political protesters."

See T.M. Lindsey's Political Fallout Blog.