All said, “burn that gay flag.” One contained additional anti-gay slurs. Handwritten notes turned up in June of 2021 taped to the front doors of five renters and homeowners in the town of Boone who displayed rainbow flags or decals. “The individuals’ display of the LGBTQ+ flag or flag decal on their own properties was an exercise of First Amendment rights the defendant’s surreptitious entry onto those properties to post his harassing notes was not,” the court said. The majority said the state statute in question does not criminalize speech, but rather conduct with a specific intent - trespassing because the property owners or residents had associated themselves with a protected class. As the court noted, the rainbow flag has come to symbolize support for LGBTQ rights.
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