First Amendment Arrest (Update Update)

Update: The Asheville Citizen Times (8/15/07) quotes Buncombe County Sheriff Duncan:

"'We have basically done the corrective actions that we’re going to do,' Duncan said. 'We don’t want an incident like this to happen again.'

Duncan would not say what, if any, discipline Deputy Brian Scarborough received. The Sheriff’s Office in response to a public records request released information noting the deputy has had no personnel action since June 13, the date of his employment, and before the July 25 flag arrests..."

The couple arrested in the incident are not happy campers.

For the entire article, go here.

Minor Update: WLOS-TV is reporting now (8/14/07, 11:02 p.m.) that the Sheriff's Department investigation is over and that Deputy Brian Scarborough will remain on the force. No follow-up yet. More details later. You can find also find an update of the "Parkway Gestapo" incident over at Hooligans.

Update: WLOS-TV reports (6:03 pm, 8/2/07) that all charges have been dropped against the Kuhns and that an internal sheriff's department investigation is underway. The Kuhns' neighbors showed their support by flying flags in the distress position.

CITIZEN-TIMES.com: Flag-defiling charge ends in fight, arrests: "ASHEVILLE — A couple who said they were protesting the state of the country by flying the U.S. flag upside down with signs pinned to it found themselves in jail following a scuffle with a deputy Wednesday morning.

Mark and Deborah Kuhn were arrested on two counts of assault on a government employee, resisting arrest and a rarely used charge, desecrating an American flag, all misdemeanors. The Kuhns were released from custody Wednesday afternoon..."

WLOS-TV reports that a neighbor has verified the Kuhns' version of the altercation, which was that Deputy Brian Scarborough cut his hand after breaking a pane of glass in the Kuhns' door. Mark Kuhn had closed the door, refusing Scarborough's request for identification. Scarborough said he needed the identification in order to write the Kuhns a citation for flag desecration and maintains that Mark Kuhn slammed the door on his hand.