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School Dropped from Drama Competition for Cutting Up Flag
FORT LAUDERDALE, Fla. -- Students performing a play about the dangers of mindless political indoctrination were disqualified from a theater competition after cutting up a U.S. flag, as judges questioned the legality of that act.
The troupe from Archbishop McCarthy High was performing a 1963 James Clavell play called "The Children's Story." In the play, a class of U.S. third graders cut up the flag after the country is defeated by a powerful enemy and their new teacher tells them that if the flag is so good, everyone should get a piece.
Judges at the Florida State Thespians District 13 one-act play competition said cutting up the flag broke Florida laws, and disqualified the group from the competition earlier this week.
Melody Wicht, who teaches drama at Pembroke Pines Charter high, said many people complained about the action, though she based her decision on a Florida statute that charges "whoever publicly mutilates, defaces or tramples with intent to insult" the flag with a first-degree misdemeanor.
"I tried to stay as objective as possible as they performed," she said. "My problem was that they took an American flag off the flagpole and cut it into pieces. They were disqualified based on Florida law."
But one constitutional scholar said Florida's laws are outdated. Bruce Rogow, a Nova Southeastern University law professor specializing in constitutional law and First Amendment rights, cited the 1990 U.S. Supreme Court decision in Texas v. Johnson that struck down a similar state statue, ruling flag desecration may be an expression of disagreement in a democracy.
"What's especially ironic is that this is a pro-democracy, anti-totalitarianism play, and yet they're punished for using the flag as an example of what shouldn't be done in a totalitarian society," Rogow said.
Teens in the play said it presents a patriotic message.
"The play is actually pro-American," said Erin Fragetta, 15, who worked on the production. "It was intended to be an anti-communist message, and the judges just turned it around on us."
Ameli Fragetta, Erin's mother, said her daughter, who is a Girl Scout, saves fragments of the flag after performances for official flag destruction ceremonies.
"These kids had absolutely no intention of desecrating the flag," said Ameli Fragetta. "They're just performing a very serious play where the flag is destroyed. This is ridiculous."
Another of the three judges at Monday and Tuesday's competition, Jim Usher, from American Heritage School in Plantation, gave the play the lowest rating possible. He said he was "grossly offended" by the flag cutting, but didn't base his assessment on that.
— Associated Press
Atlanta Journal-Constitution
2004-01-31
http://www.ajc.com/news/content/news/0104/31usflag.html
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