OMAHA, Neb. | A federal judge in Lincoln has granted a motion to temporarily block enforcement of the state’s ban on flag mutilation, saying the law is “almost certainly unconstitutional.”
The motion was granted Tuesday as part of lawsuit filed earlier in the day by Megan Phelps-Roper, a member of Westboro Baptist Church of Topeka, Kan., against Nebraska Attorney General Jon Bruning. The lawsuit challenges the constitutionality of Nebraska’s flag mutilation law, which bars intentionally “casting contempt or ridicule” upon a U.S. or Nebraska flag by mutilating, defacing, defiling, burning or trampling it.
Chief Deputy Attorney General David Cookson says his office believes the law is still valid, but has advised the Nebraska State Patrol of the judge’s ruling.
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