Nebraksa Judge Rejects Flag-Desecration Case Appeal

By: AP
By: AP

OMAHA, Neb. (AP) _ A Nebraska judge has rejected an appeal in a Kansas woman's case that questions whether Nebraska's flag-desecration law violates free speech.

Shirley Phelps-Roper of Topeka, Kan., was charged with violating the law in 2007. Authorities say she let her then-10-year-old son stand on an American flag at the funeral of a National Guardsman in Bellevue. They also say she wore a flag as a skirt that dragged on the ground.

A Sarpy County judge ruled earlier this year that the case could proceed, despite arguments made by Phelps-Roper's attorney that the law is unconstitutional.

In a ruling issued Tuesday, Sarpy County District Judge William Zastera said the order allowing the charges to stand isn't something Phelps-Roper can appeal.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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