Flag-burning Illinois protester, 22, will not face charges after posting a photo to Facebook holding a burning American flag

Bryton Mellott, 22, posted pictures to his Facebook page holding a burning American flag over the weekend

Alongside the photo, he wrote that he's 'not proud to be American'

Police were alerted to the post and say officers noticed commenters threatening Mellott and his employer, Wal-Mart


Mellott was taken into custody out of concern for his safety on July 4

Champaign County State's Attorney Julia Rietz said he will not face charges because flag burning is 'protected free speech'


An Illinois prosecutor says she will not file charges against a man whose flag-burning protest led to his arrest on Independence Day.

Bryton Mellott, 22, will not face charges because flag burning is 'protected free speech,' the Champaign County State's Attorney Julia Rietz said in a statement Tuesday.

'Laws dealing with questions of Constitutional rights are extremely complex,' the release said.

Pictures posted on Mellott's Facebook page over the weekend showed him holding a burning American flag on a pole, while sporting a flower headband.

Alongside the photo, he wrote that he's 'not proud to be an American.'

The original post, which was edited, included a three paragraph statement where he mentioned 'atrocities' committed against people of color, those in poverty, women and the LGBT community.

'I am not proud to be an American. In this moment, being proud of my country is to ignore the atrocities committed against people of color, people living in poverty, people who identify as women, and against my own queer community on a daily basis,' Mellot's post read.

'I would like to one day feel a sense of pride toward my nationality again. But too little progress has been made.


'Too many people still suffer at the hands of politicians influenced by special interests. Too many people are still being killed and brutalized by a police force plagued with authority complexes and racism.

'Too many people are allowed to be slaughtered for the sake of gun manufacturer profits.

'Too many Americans hold hate in their hearts in the name of their religion, and for fear of others. And that's only to speak of domestic issues.

'I do not have pride in my country. I am overwhelmingly ashamed, and I will demonstrate my feelings accordingly. #ArrestMe.'

The Urbana Police Department released a statement about Mellot, who is from Urbana, Illinois, not facing charges.



'The Urbana Police Department recognizes that this is a case where the right of free speech may have been in conflict with the safety of innocent and uninvolved citizens.

'Our officers strive every day to achieve a balance between public safety and preservation of Constitutional rights.

'In this circumstance, our officers acted in good faith and in reliance on a state law that was passed by our legislature in an attempt to do just that.

'We respect the analysis of the State's Attorney's Office and their determination not to proceed with the prosecution in this matter.'

Urbana police were alerted to the post and say officers noticed commenters threatening Mellott and his employer, Wal-Mart.

Police say Mellott was taken into custody out of concern for his safety.

The 22-year-old hasn't returned a request for comment.