Man arrested for American Indian Movement flag settles for $55K


The "AIM" flag in question. Photo by Joshuaa Brubaker

A Pennsylvania man who was arrested for flying a United States flag that had been spray-painted with the initials of the American Indian Movement settled his lawsuit for $55,000, The Altoona Mirror reports.

Joshuaa Brubaker flew the "AIM" flag upside down on his porch in Allegheny in 2014 after he heard about the sale of the Wounded Knee massacre site. Authorities charged him with two misdemeanors but a judge ruled that Brubaker was merely exercising his right to free speech.

“Simply put, the prosecution of defendant for his actions directly contravenes those protections in the First Amendment,” Judge Daniel Milliron wrote in a May 2015 decision. “Free speech is among, if not the greatest, of our Protections.”

On Brubaker's behalf, the ACLU of Pennsylvania sued Allegheny Township and the police chief in February of this year. Notice of the settlement was filed in federal court last week, the Associated Press reported.

The ACLU describes Brubaker as "part Native American" but his heritage hasn't been reported.

Get the Story:
Divisive flag case settled (The Altoona Mirror 7/22)
Why a Penn. man arrested for flag desecration was awarded $55,000 (The Christian Science Monitor 7/22)
Man arrested for spray-painting US flag gets $55K in lawsuit (AP 7/22)

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