Asheville Veteran Faces Federal Charges After Protest
Jan “Jay” Carey, a 54-year-old Army veteran from North Carolina, faces federal misdemeanor charges after burning an American flag in Lafayette Park near the White House on August 25, 2025. The act, captured on video, was a political protest against a Trump executive order intended to intensify penalties for flag desecration. Carey pleaded not guilty and asserts his actions were protected First Amendment speech.
Legal Fight Over First Amendment Rights
Carey’s attorneys, from the Partnership for Civil Justice Fund, have filed a motion to dismiss, arguing the prosecution is politically motivated and violates free speech rights. Although his charges are for improper open burning and property damage, not for flag burning itself, the defense claims the case is a response to presidential pressure—and is barred by the 1989 Supreme Court ruling Texas v. Johnson, which held that flag burning is constitutionally protected speech.
Executive Order Controversy and Court Dates
President Trump’s order called for the Justice Department to investigate and pursue aggressive prosecution for flag desecration, suggesting jail time and a criminal record for convictions—even as courts reaffirm flag burning is a protected act unless it incites imminent lawless action or contains “fighting words”. The Department of Justice is expected to respond to Carey’s motion by November 7, with another hearing set for December 1.
Broader Implications for Protest Rights
Civil liberties advocates say Carey’s case could have nationwide impact for political expression and protest rights, especially during election cycles. Local officials and veteran groups are closely watching the outcome, viewing the charges as a test of constitutional boundaries and government authority.