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bigtakilla said:
Final-Fan said:

And what, in your mind, is the significance of a law that has been negated as unconstitutional but hasn't been formally repealed?  Is it simply a piece of historical trivia?  Or is there something more?  Please be specific.

The fact that people get arrested for desicration, regardless of whether they are charged.

I think that any officer who does this while being aware of the unconstitutionality of the law is guilty of wrongful imprisonment or some similar crime. 

To the extent that police who are ignorant of the law's blatant unconstitutionality arrest flag-burners, that's no different from if a black man and white woman were arrested for being married, because the police officer forgot it wasn't the 1950s. 

http://www.firstamendmentcenter.org/mo-man-receives-7000-after-arrest-for-flag-desecration/



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