Nebraska judge allows mutilating U.S. flag by overturning the law

A law was passed in 1977 by the state of Nebraska which barred casting contempt or ridicule upon an American or Nebraska flag by defacing, burning, or trampling on it.

Omaha, Neb.--In July, Megan Phelps-Roper a member of Westboro Baptist Church located in Kansas, filed a lawsuit that said Nebraska's law violated her right to free speech. This will end the criminal prosecution of Shirley Phelps-Roper for criminal child abuse and disturbing the peace charges that resulted in 2007 from a protest at a soldier's funeral. She had allowed her then 10-year-old son to stand on an American flag and she wore a flag as her skirt that drug on the ground. The Westboro Church is well known for their protests at the funerals of the military. They often trample on the American flag and display it upside down. The reason they do this is their belief that the death of the U.S. troops is God's punishment for the tolerance of homosexuality in the nation. They also will protest plays, the funerals of other people, found here, here and here. They even protested at Comic-Con in California. Omaha.com reports U.S. District Judge Richard Kopf ruled on Thursday the law cannot be applied as long as members of the church "otherwise act peacefully while desecrating the American or Nebraska flag." It was also ruled the Nebraska state officials will have to pay the $8,000 attorney fees for Phelps-Roper. The bill will be payed by Nebraska's taxpayers. The order by the judge requires $3,500 of the $8,000 to be paid by several prosecutors and law enforcement officials who were involved in the case. One of those involved in the case was Nebraska Attorney General Jon Bruning. kansascity.com reports Bruning said, “Anytime we have to pay people as repulsive as the people of Westboro it’s painful, but state statutes allow for the collection of attorney’s fees.” Phelps and another church member said the fact that taxpayers will be paying the bill is fitting. ljworld.com reports Phelps said, “It’s the public that keeps pressing these officials to do the wrong thing. They should know that a.) It’s not going to work; and b.) It’s going to cost them tax dollars.”