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Thursday's editorial on the state flag ("Design a flag that can inspire, unite") almost made me spill my coffee when I came to the offhand comment that "state law makes it a misdemeanor to cast contempt on the flag." The Star Tribune Editorial Board took a brave risk and (quite rightly, in my view) heaped plenty of contempt on our existing silly flag. Uh-oh: If this letter is printed, now I'm in trouble, too.
But wait: Minnesota can't really have a statute that makes it a criminal act to "cast contempt" on the flag, can it? It took only moments of research to confirm: Oh, yes, we can. Minnesota Statutes Section 609.40, subdivision 2 provides that anyone who "intentionally and publicly mutilates, defiles, or casts contempt upon the flag" is "guilty of a misdemeanor." Yikes.
But, surely, I thought, this is unconstitutional. And of course it is. The U.S. Supreme Court has long ruled that such "desecration statutes" are a blatant infringement on First Amendment rights of American citizens. (United States v. Eichman, from 1990, is the leading case.)
So, when the flag-designing commission comes up with a better state flag, it should include a proposal to repeal that unenforceable — and creepy — provision lurking in Section 609.40. (And while they're at it, they should look at the Monty-Python-esque rules for how to fold the flag — see Section 1.141 for a good laugh.)
At a time when Trumpists are claiming the First Amendment gives them the right to ignore the results of an election and remain in power no matter what, it's good to reinforce the actual First Amendment — a foundational idea that allows a newspaper to dis our ugly flag, and me to write a letter like this.
Stephen Bubul, Minneapolis