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GoogleCape Girardeau County Prosecuting Attorney Morley Swingle said that he was unaware of the case, Texas v. Johnson, that invalidated the laws of 48 states, when he filed misdemeanor charges against Frank L. Snider III. Missouri's law was passed in 1980.
When asked whether the state law could be enforced, Swingle said he needed to research the issue. After reviewing the court's opinion, he dismissed the case and directed Cape Girardeau County Sheriff John Jordan to release Snider, 30, from custody.
Missouri lawmakers had never repealed the statute. "It seems like it is still on the books but it is just an unenforceable law," said Tony Rothert, legal director for American Civil Liberties Union of Eastern Missouri. Rothert said he was not aware of any Missourian being charged under the state law in recent years.
"I agree," Swingle said after reading the Supreme Court opinion. He directed that Snider be released about 45 minutes after the Cape Girardeau Police Department issued a news release announcing the arrest.
On Tuesday, Cape Girardeau police officer Matthew Peters responded to report of a disturbance between neighbors in the 900 block of South Benton Street. When Peters arrived, he saw a 4-foot-by-6-foot flag lying in the street. He picked up the flag, approached Snider and asked why the flag was in the road.
Snider replied that he had torn the flag up and thrown it in the road after failing in an attempt to burn it. "Snider continued to say that he hated the United States because it was the country's fault that he could not find a job," Peters wrote in a sworn statement that accompanied the charges.
Asked why he filed the charge, Swingle said "because there is a statute that makes it a crime."
The Missouri law states that "any person who purposefully and publicly mutilates, defaces, tramples upon or otherwise desecrates the national flag of the United States or the state flag of the state of Missouri is guilty of the crime of flag desecration."
In Texas v. Johnson, the court invalidated Texas' law against desecrating a "venerated object." The case came to the court after Gregory L. Johnson was convicted under the law following a protest at the 1984 Republican National Convention in Dallas. Texas' highest court overturned the conviction before the appeal to the U.S. Supreme Court.
The issue of whether flag burning is a crime or protected speech became a major part of the 1988 presidential campaign. An attempt by Congress to pass a national law protecting the flag was overturned by the U.S. Supreme Court in 1990. Attempts to amend the U.S. Constitution to allow such laws has never gathered the votes in Congress needed to send it to the states for ratification.
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Hey at least the guy didn't go shoot up a post office or a mall.
If this hits the national news, I'm sure we'll be getting to know the ACLU!
He could of lit the cig by rubbing 2 sticks together, then again he don't seem like the boy scoute type. He didn't look like he had a bad hair day either. He just looks angry at the world!
I am all for civil rights, however, if you desecrate the flag, someone should desecrate his hummmmm. . .butt. Patrolman Matthew Peters should be given a raise for getting this creep.
Is he republican?
Tuesday, October 19, 2004
Southeast Missourian
A Cape Girardeau man was charged Monday with one felony count of second-degree statutory sodomy and a misdemeanor county of second-degree child molestation. Frank Lesley Snider III, 26, of 901 S. Benton St., was arrested after a 17-year-old-girl alleged that Snider had deviate sexual intercourse with her, according to a probable-cause statement.
Snider's bond was set at $25,000. Statutory sodomy is a class C felony carrying a maximum punishment of seven years in prison.
Wow...this guy must have something with the month of October.
He used to own the paranormal investigation business out of his house down there. Seriously.
Bond 007
You are right! He used to be a Ghost Buster and insisted that you call him Dr. Snider. Maybe he should get back into the ghost busting business. I hear alot of ghouls are going to be out pretty soon. Or on second thought maybe not because of that pesky sex offender charge. He's right, it's hard to find work these days!
As the wife and daughter of a veteran who fought for the rights we all enjoy and that flag that those rights represent, I say send him to Iraq-I hear they have lots of work needing to be done.
No, Miss_Kitty. I can tell you that more work is needed in Afghanistan. My husband is luckily in Iraq, and yes I say luckily because he's safer there than in Afghanistan.
I won't say send him to war if he hates this country, because he still may support the troops. What I will say is that if he hates this country so much, maybe he should travel to a third world country and see how bad it is there. Sure, it's hard to find work these days, but the best he can do is to KEEP TRYING. Also, the fact that he's already a felon charged with sodomy and child molestation won't make his finding a job any easier. Perhaps he should have kept his hands off kids and paid more attention to working.
He ought to still be in jail for a felony count of second-degree statutory sodomy and a misdemeanor county of second-degree child molestation.
In addition, I really don't see how there can be a 2nd degree or misdemeanor anything when it comes to child molestation!
WTF is wrong w/ people!
Last time I checked this is a free country. If you don't like this country, you are free to leave. Don't let the border gate hit you in the rear on your way out.
I would point out that Rep. Jo Ann Emerson has introduced a bill that would outlaw flag burning. Flag burning is for cowards and we should toss those that do it in the slammer for a while.
If you throw people in the slammer for burning a flag you're probably not far away from throwing people in jail for expressing other political views. It is a sign that this country is still somewhat free. But the guy is obviously a creep, can't he get at least a $1000 fine for littering since he threw the flag in the street?
I got news for you. There are a whole lot better uses for taxpayer dollars than wasting time on this nonsense. If you don't like it, maybe you should leave the country, because my tax money is not going to be wasted prosecuting something as meaningless as this. And Swingle should be disciplined for having his head up his ***. If you want to be a glory hound that's 1 thing, but if you don't know how to do your job that's something else.
I spent my time in the military, as many millions of others have, to preserve this guy's RIGHT to do whatever he wants to that flag (providing it's his flag). I know many disagree, but the flag is just a symbol. You can get flag shirts, hats, pants, mudflaps, bug shields, even underwear and floor mats. So how come no one is pitching a hissy-fit about those? I personally, am more concerned by the way our government is straining every seam of the constitution.
His Late Grandfather Frank Sr. would be very disappointed in this guy and would be very unhappy how he has used his name ! The grandfather was everything this guy is not!
I would like to know why is this guy still free after a rape charge !
With all the little children being killed ,raped, and what ever, is because they don't enforce the laws and give harsh punishment to these creeps!
I think they need to round up all the honest people that are left(looks like not many) and put them in the gated compounds and then let these perverts have each other. They can pay for our kids college,Our food, housing, medical, clothing,cable T.V. and etc. I bet the State would get off cheaper doing that.
Have you seen all the Prevert dots on the maps of each state, and the perverts that live around you and your children? Take a look sometime and be aware of who your neighborhood has in it! you will be surprised I'm sure ! This shows how low this country's morals has fallen.
ALSO .....................................
WATCH GLENN BECK FOX NEWS (channel 205 Dish Network 4:00 )TO GET THE REAL TRUTH.
HEAR HOW THE WHITE HOUSE IS TRYING TO STEAL OUR FREEDOM AND OUR COUNTRY! Right under your nose and it will be done before you realize what has happen,if you don't pay attention. PLEASE, just listen if you don't like turn it off and go back to sleep.
Sorry monk, but it is not stealing when you are allowed to take things with the full knowledge and blessing of the owner.
Sad but true.
"Is he republican?"
-- Posted by Egotistical_Bigot on Fri, Oct 23, 2009, at 5:10 PM
I'm guessing probably not. The story says "Snider continued to say that he hated the United States because it was the country's fault that he could not find a job," ...sounds more like a democrat to me.
No wonder he can't find a job. Can't even light a decent fire.
THE SUPREMACY CLAUSE Article. VI."Cape Girardeau County Prosecuting Attorney Morley Swingle said that he was unaware" Embarrassing. Texas v. Johnson has been highly publicized since 1984, is in WestLaw and nearly as well known as Roe v. Wade.
"I'm guessing probably not. The story says "Snider continued to say that he hated the United States because it was the country's fault that he could not find a job," ...sounds more like a democrat to me."
-- Posted by dixietrucker on Sat, Oct 24, 2009, at 7:21 AM
Come on Dixie, he previous crimes have Rightwing Nutjob written all over it.
Heye, Swingle dropped the charges, so I don't understand why you're being so hard on him. Personally, I agree that this unemployed ghostbuster should still be in prison for being a pervert, and I agree that he littered by letting the flag touch the ground. Now that the flag touched the ground, the honorable thing to do is to burn the flag. Well, probably what is going to happen is that he'll be recruited into Al Queada and he'll get into more trouble and hopefully he'll be charged with treason.
God Bless America & God Damn Washington
This should be a crime. We live in the best country in the world. Yes, we have problems and they will continue, if we don't take our country back. Just look how the white house tried to keep Fox news from attending some interview. And all the other news channels stuck together with fox. I was really surpised by this. This is just one way of taking away our rights to free speech. Fox is telling the truth or Obama wouldn't be trying to keep them out. Even the Chicago paper said, it wasn't right what was happening. Why can the conservatives not have a few radio or tv shows of their own, when the liberals have all of the major networks news on their side. If you'd read the ratings, fox news has the highest of all of them, that should say something.
Beaker is right, Swingle dropped the charges.
However, only after he became aware that Snider
had NOT broken any laws and was exercising his freedom of speech. I guess Morely has been too busy writing books and living in the past to pay attention to Supreme Court decisions. Frankly, this only helps substantiate my belief that Swingle's time to be removed is upon us! How ridiculous for him not to have been aware of the Courts ruling back in 1989. Hell, I am just a old vet and I payed attention and remember it well.
Malan is absolutely correct! Too many have fought for the freedoms we enjoy in this Nation and those freedoms and Liberties are eroding and the law makers who are responsible know NOTHING about serving their Country and fighting for freedom!
The Federal Government is out of control and its time we focus on saving our Nation rather than concerning ourselves with ridiculous stuff like this. Its obvious our own Prosecutor knows little about Our Constitution and civil liberties.
Wow Morley, a twenty year old, rather news worthy Supreme Court decision and you were "unaware"! If I were you I would have thought of a much less damning excuse, if there is one! I don't deal with law issues on a regular basis as you do, however I knew about this one and I am not a veteran, just an ordinary citizen.
I am bothered that Swingle didn't know about this rather high profile decision regarding out first amendment rights.
Dollbabies:
What other countries have you lived in?
caternicholas. You sound like a conservative. In case you are blind and cant see whats going on around you. I tell you whats going on. Bush and the rest of his cronies, (the republicans) got this country into the mess we're in. Iraq, bad economy etc. Instead of saying liberals are trying to put the blame on others maybe we are putting the blame were it belongs. And i dont agree with what this guy did in the past and he should still be in jail but, if he has an opinion against this country, I see nothing wrong with burning the flag. quit trying to take away peoples free speech, thats what this country is all about.
The only thing that I have to say to Frank Snider III is... "If you don't love it leave it, let this song that I'm singing be a WARNING. When you're running down our Country man you're walking on the fightin' side of me". I live two blocks from you, and I'm watching.....
I agree with malan.
This IS a free country.
I am surprised that Swingle pressed charges to begin with, maybe someone from the flag's family wanted him to be prosecuted.
Wasn't that the reason why Swingle wouldn't prosecute the attorney from the LIMBAUGH law firm? No one from the victims family had asked for charges to be pressed against the attorney for stealing hundreds of thousands of dollars...
Swingle should leave office and just sling his stupid books.
Crackpot,
Thanks for bringing that up. I think the amount was close to $350,000. Perp still walking free having good times?
"No wonder he can't find a job. Can't even light a decent fire."
Best - comment - ever.
I knew that desecrating the flag was no longer illegal. And I am not a lawyer. Rather be able to burn the flag than have the government telling me what to do ALL the time.
I am bothered that Swingle didn't know about this rather high profile decision regarding out first amendment rights.
-- Posted by Ike on Sat, Oct 24, 2009, at 2:00 PM
Dang I hate to agree with you Ike but even I knew about the sedition. I guess he just wanted the guy outed for it.
Whoops,
Morley Swingle didn't think maybe Johnson could be charged for littering public streets. I wonder if this will appear in his autobiograhies?
I bet he didn't follow up to the politicians to put pressure on differentiating the freedom of speech hasn't a damn thing to do about burning the flag that such much blood was shed to preserve it. Time to send Swingle to do some real military time. Of course, he could run off to Canada!
Here, this may help.
http://www.archives.gov/exhibits/charter...
Our elected officials have never read it, maybe you all can get a leg up on them. Actually a basic understanding of the Constitution probably disqualifies you for most public offices these days. Just winging it is working fine right?
BTW: loving the "love it or leave it" comments. It is good publicity for this...
http://www.semissourian.com/blogs/1408/e...
I have been noticing a resurrection of the dim "love it or leave it" slur on these boards recently. I guess it's time to finally write the next installment.
I love this country. The main reason I love this country is the we have the right to free speech, freedom of our beliefs and expressions.
This man has the right to burn the flag if he desires, but he also runs the risk of getting his @ss whipped by people he offends.
He does not have the right to be a sex offender.
How is it the fault of the country he can't find a job when he is a sex offender?
"I would point out that Rep. Jo Ann Emerson has introduced a bill that would outlaw flag burning. Flag burning is for cowards and we should toss those that do it in the slammer for a while.
-- Posted by ResAdjudicata"
There are already laws on the books, but in case you were unaware, the article states that Texas v. Johnson makes the state laws invalid. As a state, we don't get to decide when the higher have decided for you. Ouch! That will most certainly give all you Glenn Beck lovers something else to fear!
Also, I agree that Morley Swingle should have known. Where was he that year?
Flag burning should be protected free speech, in my opinion.
However, if necessary permits (if any) are not obtained, then it should be a violation.
If the flag burner is an unwelcome guest on private property, that is trespassing.
If there are regulations for other types of fires, they should also apply.
If the fire endangers any bystanders, that should be a crime.
If the flag is not the property of the protester, then it is theft and/or vandalism.
And, of course, there is always the possibility of a bystander taking extreme measures to extinguish the fire - for safety reasons, of course.
Frankly, I am glad we live in a nation where our flag can be burned in protest. I just wish it wasn't...
Wow, even I knew you could legally burn the flag. Maybe he should spend more tax payers money researching the law instead of writing his books.
I have dealt with this guy regularly in the past. Anyone who knows him or has dealt with him will tell you he is not a stable individual. I seriously doubt it is the fault of the US that Frank cannot find a job. It is not safe for him to walk the streets.
Flag burning should be protected speach.
If you want to do it on your own property, that is fine.
however, you should not be able to set a fire anywhere you please. So the act of "burning" is not free speach.
I will also point out that if people should use this as part of a demonstration, they should realize the own ignorance of their statement. They are saying "Hey, I live in a country where I can have any thought or opinion I want, but yet I will burn the symbol of that freedom"