CAPE GIRARDEAU — The American Civil Liberties Union of Eastern Missouri’s client, Frank L. Snider, III, was awarded $7 ,000 in compensatory damages Dec. 14 for a Fourth Amendment violation when he was arrested Oct. 23, 2009, for burning a flag in front of his Cape Girardeau home to protest government acts. Snider was jailed for seven hours on a charge of desecrating a flag.
United States District Judge Carol E. Jackson had ruled in March that Missouri’s statute prohibiting flag desecration is unconstitutional and permanently enjoined the state from enforcing the law. In addition, she found the arresting officer liable for violating Snider’s clearly established constitutional rights. A trial was held in August to determine damages and Judge Jackson released her decision Friday awarding Snider $7,000 in damages.
“It’s been more than 20 years since the U.S. Supreme Court unequivocally held that expressive use of the flag is protected under the First Amendment,” said Tony Rothert, ACLU-EM’s legal director. “This award of damages sends a clear message that Missouri’s law enforcement officials need to stop intimidating those who choose to express themselves by using the flag. It is now beyond question that Missouri’s flag desecration law is unconstitutional. The legislature should repeal it: otherwise, confused police officers will continue to try to enforce it and be subject to lawsuit and awards of damages.”
The ACLU-EM is a non-partisan, not-for-profit membership organization dedicated to the preservation and promotion of civil liberties in eastern Missouri. Located in St. Louis, the ACLU-EM is an affiliate of the national ACLU.