Man charged with desecrating American flag after posting photos on Facebook

Posted at 11:26 AM, Jul 05, 2016
and last updated 2016-07-05 18:31:54-04

URBANA, IL – An Illinois man was arrested after he set the American flag on fire and posted photos of the act on Facebook. But the incident has sparked a debate on social media about whether the act should be considered an expression of free speech.

According to The News-Gazette, Bryton Mellott, 22, posted several photos on Facebook on July 3 showing him burning the American flag. On the photo post, he included a statement about why he is “not proud” to be an American.

“In this moment, being proud of my country is to ignore the atrocities committed against people of color, people living in poverty, people who identify as women, and against my own queer community on a daily,” Mellott wrote.

Before the photos were deleted, they were shared thousands of times on Facebook.

Urbana Sgt. Andrew Charles told The News-Gazette that his department started receiving calls about the Facebook photos. Charles looked at the post, and said he saw many people making violent threats directed at Mellott and his place of employment, Walmart.

Urbana police released a statement on Monday that said, “the volume of responses and specificity of threat against his place of employment (a location where an act of violence would likely cause harm to others), prompted police involvement in this case.”

Charles told The News-Gazette that he spoke with Mellott and with Walmart about the pictures. The police said they told Mellott that they “understood his freedom of speech,” but they said they believed his posts were putting his safety at risk as well as the safety of others.

According to police, Mellott continued to post similar photos to Facebook, so police arrested him under the state’s flag desecration law.

Police said they made the decision to arrest him after consulting with the Champaign County State’s Attorney’s office and weighing his free speech rights against concerns of public safety.

However, Champaign County State’s Attorney Julia Rietz said charges would not be filed against Mellott because the Illinois flag desecration statute was contradictory to a U.S. Supreme Court ruling that deemed flag burning protected by the First Amendment.