Full Breakdown
DOJ Moves to Dismiss Charges Against Veteran Who Burned Flag in Protest
3/15/2026, 5:52:23 AM
Overview of the Incident
Federal prosecutors in Washington, D.C., have moved to dismiss charges against Jay Carey, a 55-year-old Army veteran, who burned an American flag in Lafayette Park on August 25, 2025. This act was a protest against an executive order signed by then-President Donald Trump, which directed the Department of Justice (DOJ) to investigate and prosecute individuals for flag burning. Carey faced two misdemeanor charges: lighting a fire outside of designated areas and creating a public safety hazard, neither of which directly addressed the act of flag burning itself.
Background of the Executive Order
On the same day as the incident, Trump signed an executive order asserting that flag burning could be prosecuted if it "is likely to incite imminent lawless action" or constitutes "fighting words." This order attempted to navigate around the Supreme Court's 1989 ruling in Texas v. Johnson, which protected flag burning as a form of symbolic speech under the First Amendment. Trump's administration has long advocated for severe penalties for flag burning, including prison terms.
Legal Proceedings and Charges
Carey, who served in the Army from 1989 to 2012 and was deployed to Iraq and Afghanistan, pleaded not guilty to the charges in September 2025. His defense was taken up by the Partnership for Civil Justice Fund, which argued that the prosecution was a form of "vindictive prosecution" aimed at suppressing dissent. The DOJ's recent motion to dismiss the charges did not provide a detailed explanation for the decision.
Official Statements & Responses
In a statement, Carey emphasized the importance of the First Amendment, asserting, "I set out to demonstrate that the First Amendment is sacred and that no administration has the right to supersede our constitutional rights." He expressed hope that this outcome would support others facing similar challenges. Mara Verheyden-Hilliard, one of Carey's lawyers, stated, "The government’s attempt to criminally punish a protestor based on expressive conduct targeted for prosecution by presidential order posed a grave threat to First Amendment freedoms."
Criticism of the Executive Order
Critics of Trump's executive order argue that it represents an infringement on free speech rights. Carey himself described the order as "unenforceable" and a threat to the constitutional rights he defended during his military service. He stated, "The flag is a symbol. It’s not our democracy," highlighting his view that the act of burning the flag was a legitimate form of protest against governmental overreach.
Implications of the Dismissal
The dismissal of charges against Carey is seen as a significant victory for free speech advocates, reinforcing the notion that the Constitution protects acts of political expression, even those that may be controversial. This case may also set a precedent for defending individuals who face similar charges in the future, particularly those perceived as being targeted for their political beliefs.
Verbatim Quotes
- “I set out to demonstrate that the First Amendment is sacred and that no administration has the right to supersede our constitutional rights,” — Jay Carey, Army Veteran
- “The government’s attempt to criminally punish a protestor based on expressive conduct targeted for prosecution by presidential order posed a grave threat to First Amendment freedoms,” — Mara Verheyden-Hilliard, Lawyer
The DOJ's decision to drop the charges against Jay Carey underscores ongoing tensions surrounding free speech and governmental authority in the United States.
