Megan Lawson v. Curtis Hill

POSNER, Circuit Judge.

The district judge dismissed this suit to enjoin, under 42 U.S.C. § 1983, the prosecution of the plaintiff under Indiana’s flag-desecration statute. The statute provides that “a person who knowingly or intentionally mutilates, defaces, burns, or tramples any United States flag, standard, or ensign commits flag desecration, a Class A misdemeanor,” Ind.Code § 35-45-l-4(a), for which the maximum punishment is a year in prison and a $5,000 fíne. § 35-50-3-2. The judge ruled that the plaintiff lacked standing under Article III and that anyway it would violate comity to enjoin…