Culver signs bill to explain flag laws
May 30, 2007
DES MOINES – Gov. Chet Culver has signed a bill that clarifies the state’s flag desecration law.
The bill was passed by the Legislature in response to a ruling by U.S. District Court Judge Robert Pratt in March that said the state’s law was unconstitutional because it was too vague.
Pratt concluded the law violated the due process law of the 14th Amendment of the U.S. Constitution, which requires that laws be specific enough so the public can reasonable determine whether conduct is illegal.
Pratt’s ruling came after two separate cases in which Iowa residents were charged after they flew flags upside down as a way to protest personal losses or disagreements with officials. In both cases, the charges were dismissed.
Scott Wayne Roe of Ottumwa was charged after he flew a U.S. flag upside down on June 4, 2006, and wrote “Corruption of Blood” across it, saying he was protesting city ordinances and how they were enforced.
Dale Klyn of Corydon displayed his flag upside down to protest what he said was an unfair loss in a bankruptcy case and to support a campaign for mental health care services for veterans.
The American Civil Liberties Union filed the lawsuit on behalf of Roe and Klyn.
The bill signed by Culver Tuesday states that it is illegal to show disrespect to the flag by defacing it, defiling it, mutilating it or trampling upon it. The bill also defines each of those terms.
Ben Stone, executive director of the ACLU’s Iowa chapter, said Wednesday the clarified bill remains vague.
“We certainly hope that the enactment of this bill is not interpreted by law enforcement as a green light to go out and arrest political protesters,” Stone said.
He said the bill does not address “all the problems of the statute … and therefore it’s still not a good idea.
“It would be inconsistent with the spirit of the First Amendment to think this law should be used to arrest political protesters,” Stone said.
“Just because the Legislature and the governor passed this feel-good legislation it doesn’t mean these code sections should be wielded by law enforcement to put down political protesters.”