Mexican Flag Flown Above US Flag

On the national level the Federal Flag Code1 provides uniform guidelines for the display of and respect shown to the flag. In addition to the Code, Congress has by statute designated the national anthem and set out the proper conduct during its presentation.2 The Code is designed "for the use of such civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments" of the federal government.3 Thus, the Flag Code
does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups.

In addition to the Flag Code, a separate provision contained in the Federal Criminal Code established criminal penalties for certain treatment of the flag.6 Prior to 1989, this provision provided criminal penalties for certain acts of desecration to the flag. In response to the Supreme Court decision in Texas v. Johnson7 (which held that anti-desecration statutes are unconstitutional if aimed at suppressing one type of expression), Congress enacted the Flag Protection Act of 1989 to provide criminal penalties for certain acts which violate the physical integrity of the flag.8 This law imposed a fine and/or up to one year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor, or trampling upon any flag of the United States. In 1990, however, the Supreme Court held that the Flag Protection Act was
unconstitutional as applied to a burning of the flag in a public protest.9
All the states, at one time or another, have enacted laws relating to the United States flag.10 Even though the Federal Flag Code does not provide penalties for certain conduct or may not govern certain practices, state law may do so. Therefore, it is advisable to consider applicable provisions of state law, as well as federal law, on questions of proper use of the flag.

NRS 201.290 Penalty; exception.

1. Any person who, in any manner, for exhibition or display, puts or causes to be placed any inscription, design, device, symbol, portrait, name, advertisement, words, character, marks or notice, or sets or places any goods, wares and merchandise whatever upon any flag or ensign of the United States, or state flag of this State, or ensign, evidently purporting to be either of the flags or ensign, or who in any manner appends, annexes, or affixes to any such flag or ensign any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who displays or exhibits or causes to be displayed or exhibited any flag or ensign, evidently purporting to be either of the flags, upon which shall in any manner be put, attached, annexed or affixed any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who publicly or willfully mutilates, tramples upon, or who tears down or willfully and maliciously removes while owned by others, or defames, slanders, or speaks evilly or in a contemptuous manner of or otherwise defaces or defiles any of the flags, or ensign, which are public or private property, shall be deemed guilty of a misdemeanor.

2. This section shall not apply to flags or ensigns the property of or used in the service of the United States or of this State, upon which inscriptions, names of actions, words, marks or symbols are placed pursuant to law or authorized regulations.

3 Thus, the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups.

I didn't say the display was correct, only that it's not illegal. Paragraph three says...

Quote:

3 Thus, the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups.

See what happens...

http://www.krnv.com/Global/story.asp?S=7156726

Once upon a time, right thinking Republicans and Democrats both would say something to the effect of "I disagree with what you say, but I will defend to the death your right to say it."

Dead link. What does happen?

Wednesday, October 3, 2007

Flag-Ripper Accused of Hate Posting

On the following Monday, Army ROTC students who were supposed to raise the U.S. and state flags forgot to do so.

Once upon a time, right thinking Republicans and Democrats both would say something to the effect of "I disagree with what you say, but I will defend to the death your right to say it." As someone who performed in a military color guard for three years, I like to see the flag used properly, but I do not condone physical attacks on those whose speech I disagree with. Nor do I support attacks on their property. If you want to stage a flag waving picket of this business, great. If you want to form a mob and tear down his flag post, sorry I disagree.