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Legal Opinion

United States v. Carey

District Court, District of Columbia

Decided January 20, 2026No. Criminal No. 2025-0251Published

1Opinion of the Court

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Criminal Action No. 25-251 (JEB) JAN CAREY, Defendant. MEMORANDUM OPINION You cannot falsely shout fire in a crowded theater. What about lighting a fire in a crowded park? After President Donald Trump issued an executive order directing the Department of Justice to prosecute anyone who engages in the protected speech of burning the American flag, Defendant Jan Carey marched to Lafayette Park and burned a flag in protest. He stands charged with violating park regulations that prohibit setting a fire outside a…

2Cases cited47 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  3. Hamling v. United StatesSupreme Court of the United States · 1974
  4. Bordenkircher v. HayesSupreme Court of the United States · 1978
  5. Dombrowski v. PfisterSupreme Court of the United States · 1965

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