Question
Stewart and some friends have decided to do a protest march from North Seattle College to Westlake Center, to protest a proposed new City Council
Stewart and some friends have decided to do a protest march from North Seattle College to Westlake Center, to protest a proposed new City Council rule on Landlord-Tenant relations, that would allow Landlords to charge a damage deposit of up to $5,000.During the march, Stewart decides to set fire to a US flag that one of the other marchers was carrying, to attract the attention of more on-lookers, and perhaps of TV newscasters!He poses for pictures of himself lighting the flag on fire, and then letting the flag completely burn up.A police officer arrests Stewart, and charges him with violating RCW 9.86.030 (Desecration of Flag).What happens next?
a.Stewart has no legal defense.He will be convicted of this offense, and may be ordered to serve up to 5 years in jail.
b.Stewart has no legal defense.He will be convicted of this offense, and may be ordered to serve up to 1 year in jail.
c.Stewart has no legal defense.He will be convicted of this offense, and may be ordered to serve up to 90 days in jail.
d.Stewart has a legal defense to this criminal statute, based upon the First Amendment to the US Constitution.
e.Stewart has a legal defense to this criminal statute, based upon the Fifth Amendment to the US Constitution.
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