UPDATE
Mar 14, 2026 8:50 AM CDT
The DOJ on Friday moved to drop charges against a retired Army veteran who was arrested last summer after he burned an American flag across the street from the White House. Mara Verheyden-Hilliard, an attorney for 55-year-old Jan "Jay" Carey, called Friday's filing "long overdue" and a "very significant victory for not only the First Amendment rights of Mr. Carey but the rights of all Americans to stand up and speak out on issues that they care about without being targeted for punishment," per NBC News. The New York Times notes that Carey hadn't been charged for burning the flag itself, but rather was hit with misdemeanor charges over setting fire on federal land. No explanation for the latest move was offered by the DOJ, but the Times reports that the US government had a Monday deadline to respond to accusations by Carey's legal team that the government went after him vindictively.
Aug 27, 2025 2:10 AM CDT
A retired Army veteran set an American flag ablaze in front of the White House, testing the limits of free speech just hours after a new executive order targeting flag burning was signed by President Trump, the Raleigh News & Observer reports. The dramatic protest in Lafayette Park drew crowds, sparked debate, and ended in an arrest, raising fresh questions about the boundaries of the First Amendment. Jay Carey, 54, of North Carolina identified himself as a disabled combat vet who spent over two decades in uniform, telling the crowd, "I fought for every single one of your rights," before arguing that burning the flag is a First Amendment right.
The demonstration came just hours after Trump signed an executive order urging legal action against flag burners—despite a 1989 Supreme Court ruling that declared flag burning protected speech under the Constitution. "No president can make a law, period," Carey declared, calling Trump an "illegal fascist president" and then torching the accelerant-soaked flag.
As bystanders filmed and voiced support for Carey's rights, Secret Service officers stepped in, handcuffing him and removing him from the scene. Carey spent only a few hours in custody before being released that night. He later posted a video on TikTok explaining that he'd been charged with lighting a fire in the park, not with flag desecration. US Park Police confirmed the arrest, citing prohibited fire as the reason; it's illegal to light a fire in nondesignated areas of land controlled by the National Park Service, Live 5 News reports. Carey, who previously lost a Democratic congressional primary in North Carolina, has been a vocal critic of Rep. Chuck Edwards and Trump, including being escorted from an Edwards town hall earlier this year.
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