03/17/2026
📣Major First Amendment Victory
All charges have been dismissed against our client, U.S Army veteran Jay Carey, who the Trump Administration vindictively prosecuted in federal court for burning a flag in Lafayette Park in August in protest of the President’s Executive Order targeting flag-burning.
The DOJ’s dismissal means the charges can never be refiled.
Earlier this year, the federal court ruled Mr. Carey could proceed with a vindictive prosecution defense, allowing inquiry into whether the government targeted him because of his protected speech. The government moved to dismiss the case just before it was required to respond to our demands for information about its decision to prosecute.
Defendant & Army veteran Jay Carey: “I set out to demonstrate that the First Amendment is sacred and that no administration can supersede our constitutional rights. I’m proud to stand with those fighting for our fundamental rights and hope this victory helps the next person who takes a stand.”
PCJF Executive Director Mara Verheyden-Hilliard, counsel for Mr. Carey: “This prosecution should never have been brought. The government’s attempt to criminally punish a protestor based on expressive conduct posed a grave threat to First Amendment freedoms. The government’s about-face is a critical vindication of those rights. This case lays the groundwork for defending those across the country who are targeted for vindictive prosecution by the Trump Administration in an effort to silence and punish viewpoints it doesn’t like.”
PCJF Staff Attorney Nick Place, a Marine Veteran and co-counsel for Mr. Carey: “The government wanted not only to punish Mr. Carey for engaging in disfavored speech but also to intimidate others from speaking up against this administration's abuses. This victory shows that when we stand up to unconstitutional bullying, we can win.”
Read coverage:
NYT
https://tinyurl.com/24ypd393
AP
https://apnews.com/article/trump-flag-burning-veteran-dismiss-charges-349b1f416c7834205d675b2063bc3976
NBC
https://www.nbcnews.com/politics/justice-department/drops-case-veteran-carey-arrested-burning-american-flag-white-house-rcna263438
CBS
https://www.cbsnews.com/news/doj-moves-drop-charges-man-burned-us-flag-outside-white-house/
https://www.nytimes.com/2026/03/13/us/politics/veteran-flag-burning-case-dismissed.html?unlocked_article_code=1.TlA.5KKP.pZ4SUGv0nbnn&smid=url-share
The veteran, Jay Carey, was arrested the same day that President Trump signed an executive order to punish flag burning, a First Amendment right.