Prosecutor details what's behind flag desecration charge
Posted: Tuesday, April 01, 2008
OMAHA, Neb. (AP) -- Sarpy County prosecutors have formally spelled out why they are prosecuting a member of the Westboro Baptist Church in Kansas for flag mutilation.
The prosecutors explained the charges against Shirley Phelps-Roper in a two-page court filing Monday morning.
The case stems from the Westboro Church's protest at the funeral of Nebraska Army National Guard Spc. William "Bill" Bailey in Bellevue last June.
Prosecutors said the flag desecration charge is based on Phelps-Roper's decision to let her 10-year-old son stand on an American flag and her choice to wear a flag as a skirt that drug on the ground.
Phelps-Roper is a member of the Topeka, Kan.-based Westboro Baptist Church, whose members believe that U.S. troop deaths in Iraq are punishment for the nation's tolerance of homosexuality.
The protesters carry signs bearing such slogans as "Thank God for dead soldiers." Followers say they are entitled to protest at soldiers' funerals under the First Amendment, which guarantees freedom of speech and religion.
Phelps-Roper's attorney Bassel El-Kasaby of Omaha had asked for Monday's filing, so he could better challenge the charge and the state law it is based upon.
El-Kasaby maintains that Nebraska's flag mutilation statute is unconstitutional because the U.S. Supreme Court has thrown out similar laws in other states.
The state's flag law defines flag mutilation as when a "person intentionally casts contempt or ridicule upon a flag by mutilating, defacing, defiling, burning or trampling upon such flag."
El-Kasaby declined to comment on the filing Monday because he wanted to review it further.
Sarpy County Attorney Lee Polikov has acknowledged that winning the flag desecration case will be difficult. But he has said the circumstances at the funeral should justify the charge.
Polikov has said the boy's standing on the flag is tantamount to "fighting words," which are not protected free speech.
Both sides will get a chance to argue more about the merits of the desecration charge and law at hearings this summer.
Phelps-Roper also has been charged with disturbing the peace, contributing to the delinquency of a minor and negligent child abuse.
On the Net:
Sarpy County Court: http://www.sarpy.com/countycourt
First Amendment Center: http://www.firstamendmentcenter.org
The prosecutors explained the charges against Shirley Phelps-Roper in a two-page court filing Monday morning.
The case stems from the Westboro Church's protest at the funeral of Nebraska Army National Guard Spc. William "Bill" Bailey in Bellevue last June.
Prosecutors said the flag desecration charge is based on Phelps-Roper's decision to let her 10-year-old son stand on an American flag and her choice to wear a flag as a skirt that drug on the ground.
Phelps-Roper is a member of the Topeka, Kan.-based Westboro Baptist Church, whose members believe that U.S. troop deaths in Iraq are punishment for the nation's tolerance of homosexuality.
The protesters carry signs bearing such slogans as "Thank God for dead soldiers." Followers say they are entitled to protest at soldiers' funerals under the First Amendment, which guarantees freedom of speech and religion.
Phelps-Roper's attorney Bassel El-Kasaby of Omaha had asked for Monday's filing, so he could better challenge the charge and the state law it is based upon.
El-Kasaby maintains that Nebraska's flag mutilation statute is unconstitutional because the U.S. Supreme Court has thrown out similar laws in other states.
The state's flag law defines flag mutilation as when a "person intentionally casts contempt or ridicule upon a flag by mutilating, defacing, defiling, burning or trampling upon such flag."
El-Kasaby declined to comment on the filing Monday because he wanted to review it further.
Sarpy County Attorney Lee Polikov has acknowledged that winning the flag desecration case will be difficult. But he has said the circumstances at the funeral should justify the charge.
Polikov has said the boy's standing on the flag is tantamount to "fighting words," which are not protected free speech.
Both sides will get a chance to argue more about the merits of the desecration charge and law at hearings this summer.
Phelps-Roper also has been charged with disturbing the peace, contributing to the delinquency of a minor and negligent child abuse.
On the Net:
Sarpy County Court: http://www.sarpy.com/countycourt
First Amendment Center: http://www.firstamendmentcenter.org
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Derek wrote on Apr 1, 2008 11:28 PM:
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