Brubaker Bound Over for Trial in Criminal Complaint Case of Displaying Upside Down Flag with AIM on It

This flag was seized as evidence in criminal complaint case

This flag was seized as evidence in criminal complaint case

ALTOONA, PENNSYLVANIA — District Court Magistrate Steven D. Jackson bound Joshuaa Brubaker over to trial for displaying his American flag upside down with AIM sprayed painted on it on the exterior of his home in Duncansville, Pennsylvania.

AIM is the acronym for the American Indian Movement.

Joshuaa Brubaker

Joshuaa Brubaker

Last month, Brubaker was charged with two misdemeanors for violation of state statue. They were: “Insults to national or commonwealth flag” and “Desecration of flag.”

The court was full of emotion as a citizen who voiced a complaint to the Allegheny Township Police Department testified she was “beyond offended” when she saw the flag hanging on Brubaker’s home. She is allegedly of Cherokee heritage, who fought in the U.S. military. She was unaware of what AIM stood for and even though she has since learned more about the American Indian Movement, she is still offended by Brubaker’s actions.

Brubaker was represented by American Civil Liberties Union attorney Andrew Shubin who told the Court his client did nothing wrong.

Shubin, who gained national recognition during the high-publicity Penn State – Jerry Sandusky case when he represented Sandusky victims 2, 3, 7 and 10, Matt Sandusky and others in their civil settlements, argued today that Brubaker was protected by the Constitution’s First Amendment of “freedom of speech.”

“It is what makes us the country we are. We respect people’s rights to differ – to express opinions and to express them in a way that may offend other people. We don’t need the First Amendment for things we agree with; we need it for things that make us uncomfortable,” stated Shubin.

Brubaker is free on a $5,000 bond and has yet to schedule an appointment to be fingerprinted by the Allegheny Township Police Department.

The date of trial is set for August 18, 2014.

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