Court Again Overturns Flag Ruling

The Supreme Court, which has twice ruled that burning the American flag is protected political speech, today set aside a Minnesota man’s flag-burning conviction.

The justices told a federal appeals court to restudy a free-speech challenge to William C. Cary Jr.’s federal conviction for burning an American flag during a 1988 demonstration in Minneapolis.

In upholding Cary’s conviction, the U.S. 8th Circuit Court of Appeals ruled he was arrested and prosecuted not for any political message contained in his flag burning but “to prevent further breaches of the peace.”

The nation’s highest court in June, 1989, struck down a Texas law--and by extension similar laws in most other states--barring desecration or destruction of the flag. And the court in June invalidated a federal flag-burning ban that had been inspired by the political firestorm the 1989 ruling touched off.

Both decisions were reached by 5-4 votes.

In both, now-retired Justice William J. Brennan wrote for the court that government may not prohibit expression of an idea simply because most people find it deeply offensive.

But in Cary’s case, the 8th Circuit court ruled his prosecution was not aimed at any expression of an idea but instead was aimed at conduct that could have led to violence.

In a brief order, the justices set aside the appeals court ruling and told that court to reconsider Cary’s case in light of last June’s decision.

Cary burned a flag during a March 18, 1988, demonstration outside an armed services recruitment center in downtown Minneapolis to protest President Ronald Reagan’s policies in Honduras.

About 3,200 American troops had been ordered into Honduras the previous day.

In other action today, the court:

* Ruled against a former Air Force sergeant convicted of aggravated assault because he engaged in homosexual conduct while knowingly infected with an AIDS-related virus. The justices, without comment, let stand the man’s conviction, dishonorable military discharge and six-year prison sentence.

* Ruled against two policemen from Peotone, Ill., who contended they were disciplined unlawfully for wearing earrings when off duty. The court, without comment, rejected arguments that the two officers’ constitutional right to make a fashion statement while on their own time had been violated.

* Refused to revive a copyright lawsuit over an unauthorized biography of L. Ron Hubbard, founder of the Scientology religion. The justices, without comment, let stand a decision throwing out allegations of copyright infringement against the book’s publisher.