The U.S. Supreme Court in 1989 ruled that burning or defacing a flag is protected free speech. Congress has debated flag-burning amendments regularly since then; none has passed both the House and Senate.
However the Indiana criminal code says
IC 35-45-1-4
Flag desecration
Sec. 4. (a) A person who knowingly or intentionally mutilates, defaces, burns, or tramples any United States flag, standard, or ensign commits flag desecration, a Class A misdemeanor.
I assume the indiana law is impotent because the supreme court protects that kind of free speech, but why does this still appear in the indiana criminal code? Shouldn’t it say ‘repealed’ instead?
I didn’t see this thread before I posted something in this one, where you had brought it up. Repeated here:
I think I’m describing this correctly: Laws, once passed, stay on the books until they are struck down. To be struck down, they have to be challenged. To be challenged, one must have standing, which means that you will suffer direct consequences of the law. (Aside: I believe that’s the excuse the SC used when it didn’t consider Michael Newdow’s challenge to “under god” in the pledge of allegiance; since he did not have custody of his daughter, he did not have standing to bring the case.)
Were someone actually charged with violation of this law, the law would be struck down (assuming an appeal that made it to the SC, of course). And deservedly so, IMO.