DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-03-20 Daily Iowan Article: ""Student Guilty In Flag Burning""

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University of Iowa anti-war protests, January-April 1971

1971-03-20 Daily Iowan Article: ""Student Guilty In Flag Burning""

Daily Iowan 
Serving the University of Iowa and the People of Iowa City 
Iowa City, Iowa 52240- Saturday, March 20, 1971 10 cents a copy

[photo] Defiant 
Pat Farrell, A2, raises her fist and smiles as she emerges from Iowa City Police Court Friday after being fined $50 and court costs for "flag desecration." The charge stemmed from an incident occurring Feb. 11 at Old Quad during an anti-ROTC demonstration. 
- Photo by George Popkin

Student Guilty In Flag Burning
A University of Iowa student was convicted in Iowa City Police Court Friday of flag desecration during a Feb. 11 anti-ROTC demonstration here. 
Pat Farrell, A2 was fined $50, plus $5 court costs. Defense for Farrell maintained it was too dark at the time of the alleged incident for witnesses to identify the student. 
Farrell will appeal her conviction to Johnson County District Court. Police Court Judge Joseph Thornton set appeal bond at $100. 
Kenneth Saylor, Campus Security detective, told the court he saw Farrell at about 7:45 p.m.: on Feb. 11 in the Quadrangle Dormitory courtyard holding a United States Flag.
He said earlier in the evening a crowd of about 40 persons had attempted to force its way into the Recreation Building where a Reserve Officers' Training Corps drill was going on. Saylor admitted he was not able to identify Farrell in this crowd. 
"The U.S. flag was set afire. Farrell turned so that the light fell on her. She was waving the burning flag and made no attempt to extinguish the fire." according to Saylor. 
"Identifying persons is a part of my job," Saylor said in answer to another question. He added that he has never been proven in court to be mistaken in the identification of any person.
Another Campus Security officer, Merlin Moore, testified he saw Farrell holding the flag, shaking it up and down while it was burning. 
Moore was not able to identify the others in the crowd. He said he could identify Farrell because she appeared to be sitting on someone's shoulders and the light from a nearby lamppost shone, directly on her face. 
Testifying for the defense, Lynne Joslin, A4, a reporter for the Daily Iowan, said, " It was very dark in the courtyard. . . I was not able to identify who set fire to the flag or who was holding the flag."
Joslin told the court it was her impression that the person holding the flag was male, not female. 
Thornton rules that prosecution witnesses had identified Farrelll. He also rejected defense claims that the action occurred " in a peaceful demonstration for political purposes, that in no way presented a clear and present danger to anyone." and thus constituted free expression. 
Thornton also overruled a defense objection that the statute on flag desecration is unconstitutional because it is vague and broad.

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Daily Iowan Serving the University of Iowa and the People of Iowa City Iowa City, Iowa 52240- Saturday, March 20, 1971 10 cents a copy [photo] Defiant Pat Farrell, A2, raises her fist and smiles as she emerges from Iowa City Police Court Friday after being fined $50 and court costs for "flag desecration." The charge stemmed from an incident occurring Feb. 11 at Old Quad during an anti-ROTC demonstration. - Photo by George Popkin Student Guilty In Flag Burning A University of Iowa student was convicted in Iowa City Police Court Friday of flag desecration during a Feb. 11 anti-ROTC demonstration here. Pat Farrell, A2 was fined $50, plus $5 court costs. Defense for Farrell maintained it was too dark at the time of the alleged incident for witnesses to identify the student. Farrell will appeal her conviction to Johnson County District Court. Police Court Judge Joseph Thornton set appeal bond at $100. Kenneth Saylor, Campus Security detective, told the court he saw Farrell at about 7:45 p.m.: on Feb. 11 in the Quadrangle Dormitory courtyard holding a United States Flag. He said earlier in the evening a crowd of about 40 persons had attempted to force its way into the Recreation Building where a Reserve Officers' Training Corps drill was going on. Saylor admitted he was not able to identify Farrell in this crowd. "The U.S. flag was set afire. Farrell turned so that the light fell on her. She was waving the burning flag and made no attempt to extinguish the fire." according to Saylor. "Identifying persons is a part of my job," Saylor said in answer to another question. He added that he has never been proven in court to be mistaken in the identification of any person. Another Campus Security officer, Merlin Moore, testified he saw Farrell holding the flag, shaking it up and down while it was burning. Moore was not able to identify the others in the crowd. He said he could identify Farrell because she appeared to be sitting on someone's shoulders and the light from a nearby lamppost shone, directly on her face. Testifying for the defense, Lynne Joslin, A4, a reporter for the Daily Iowan, said, " It was very dark in the courtyard. . . I was not able to identify who set fire to the flag or who was holding the flag." Joslin told the court it was her impression that the person holding the flag was male, not female. Thornton rules that prosecution witnesses had identified Farrelll. He also rejected defense claims that the action occurred " in a peaceful demonstration for political purposes, that in no way presented a clear and present danger to anyone." and thus constituted free expression. Thornton also overruled a defense objection that the statute on flag desecration is unconstitutional because it is vague and broad.