No Charges But More Death Threats for Illinois Flag-Burner

Updated Tuesday, 1 p.m.

URBANA, IL — Champaign County State's Attorney Julia Rietz won't file charges against a 22-year-old Urbana man whose social media post of him burning a flag incited the wrath of the internet, prompting death threats against him and demands that his employer fire him.

Urbana police arrested Bryton Mellott on the Fourth of July, saying his actions constituted disorderly conduct and became a threat to others, including his employer.

On Tuesday, prosecutors decided there was no case.

"The State's Attorney's Office is declining to file charges against (Bryton) Mellott as the act of burning a flag is protected free speech according to the US Supreme Court decision, Texas v. Johnson, 491 US 397 (1989)," Rietz said in a statement.

"We have considered 720 ILCS 5/49-1, Flag Desecration, an Illinois statute currently in effect," the statement reads. "This statute was the basis for the decision by Urbana Police officers to arrest Mellott. While that statute remains in effect, it is contradictory to the US Supreme Court ruling in Texas v. Johnson. We will be discussing this issue with our local legislators and asking that they consider reviewing this statute given the constitutional issues it presents."

Now Mellott just wants calls for his death to stop.

"I am not proud to be an American. In this moment, being proud of my country is to ignore the atrocities committed against people of color, people living in poverty, people who identify as women, and against my own queer community on a daily basis,” Mellott wrote on his Facebook page.

Shortly after the pic went up, callers began flooding the Urbana police department around 7:30 a.m., urging police to investigate Mellott and his page. The calls ranged from concerns over his post to threats against both Mellott and his employer, Walmart.

Police became worried he was jeopardizing the public's safety.

They spoke with Mellott about his exercise of free speech but warned that he could be endangering people other than himself, reports the News-Gazette in Champaign.

Mellott decided to keep speaking out, so out came the cuffs. Just before 10 a.m. Monday, he was booked into the county jail on charges of flag desecration, a class four felony in Illinois, and disorderly conduct.

Police said it's the first time in nearly 30 years they've used the flag desecration statute.

Meanwhile, an internet storm was a-brewin'.

Mellott works (or worked, perhaps?) at Walmart, according to his Facebook page. People began demanding that the superstore fire Mellott.

"I give you Bryton Mellot ... a Walmart employee from Champaign, Ill ... who apparently does not understand the freedom he enjoys," wrote one angry commenter.

"Proud of burning the American Flag and posting pics all over Facebook. ... Does Walmart condone these actions from its employees?" spewed another.

Then came the phone calls threatening his safety, in turn making him also the victim of disorderly conduct, as well as an offender, police told Forbes.

“The free speech that he was exhibiting, while it was distasteful to some, free speech is free speech,” Charles told me. “It’s when you say things that are inciteful and make it clear that you are associated with someone that doesn’t share your ideas; it got raised to a level where a reasonable person there would fear for their safety. It’s similar to yelling fire in a movie theater.”

— Urbana Police Sgt. Andrew Charles, as reported by Forbes

As he was arrested, Mellott refused to take down the pics, but his Facebook page mysteriously disappeared later that day as he sat cell phone-less in the holding cell. It has since re-appeared, and Mellott continues to interact with commenters on his photo, which to date has been shared more than 11,000 times. He's asked people to calm down and cool it with the threats against him.

"So it'd be super-duper if the death threats could stop," he posted.

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