1) There is indeed no more whistle button for under judgement flash. It was never there for not-under judgement flash though, so you certainly won't be able to flag that flash anymore.
The whistle button you're talking about is now only under reviews. You can still gain whistle points with that.
2) Spam isn't flaggable. Unless it's stolen, malicious (gives pop-ups, turns on printer) illegal (distribution of movies) or real porn. So that flash isn't flaggable either.
If you do think a flash breaks any of these rules, send a PM to Wade.