No Charges Filed Against Musician In Flag Dispute

News On 6

CATOOSA, OK -- The Rogers County district attorney has decided not to file charges against a musician accused of trampling a flag during a performance at the Hard Rock Casino.

A tribal deputy marshal arrested 30-year-old Marion Gooding, III, during a show on Thursday night at the casino. According to a police report, Gooding took an American flag he was wearing around his shoulders, threw it on the floor and then trampled, stomped and danced on top of it.

7/21/2009  Related Story: Flag Dispute Arises From Casino Concert

The DA's office says acts against the flag are protected by the first amendment. They also say that the fact that an audience takes offense to certain ideas or expressions does not justify prohibitions of speech.

An attorney for the musician says the singer didn't intentionally trample the flag. He says a corner of it was stepped on accidently.