Irony Lives

Students stopped from performing anti-totalitarianist play because in it they cut up a flag. You just can't make this stuff up.

It was enough to disqualify Archbishop McCarthy High students from a competition early this week for their performance of The Children's Story. In the play, first published in 1963 by Shogun author James Clavell, third-graders in a classroom in a United States that has been defeated by a powerful enemy, presumably Communist, cut the flag into pieces. Their new teacher tells them if the flag is so good, everyone should get a piece and tells them to hand out the shreds. It's a message about the dangers of mindless political indoctrination

"The play is actually pro-American," said Erin Fragetta, 15, a sophomore at the southwest Broward County school who worked on the production. "It was intended to be an anti-communist message, and the judges just turned it around on us."

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After receiving complaints about the flag cutting, co-chairman Melody Wicht, who teaches drama at Pembroke Pines Charter High, disqualified the McArthur team.

"Some people came to me after the play and complained about the performance," Wicht said. "So I looked into it."

Wicht said she based her decision on Florida Statute 876.52, which says "Whoever publicly mutilates, defaces or tramples with intent to insult any flag ... of the United States shall be guilty of a misdemeanor of the first degree."

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"For 10 years it's been clear that these flag desecration statutes are unconstitutional," said Bruce Rogow, a Nova Southeastern University law professor specializing in constitutional law and First Amendment rights. "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 cited the 1990 U.S. Supreme Court decision that struck down such a statute in the case of Texas vs. Johnson.

Conservative Justice Antonin Scalia wrote in the court's opinion that flag desecration is the ultimate expression of disagreement in a democracy."