Nevada ACLU Releases Statement on Mexican Flag Flying Over American Flag

[Purveyor]

The ACLU of Nevada is concerned about recent media reports that it is "illegal" to fly foreign flags over the U.S. flag.

While there is indeed a federal law regulating the display of the U.S. flag, that law is merely advisory and simply codifies standard government practice in displaying the American flag.

Several federal courts have examined this law and held that the flag rules are not mandatory and cannot be enforced. Indeed, if the federal flag rules were mandatory, they would clearly violate the First Amendment, which protects every American's right to speak and express themselves, including their choice of flag to display.

In 1989, the Supreme Court held that we even have the right to burn our own flag, which had been outlawed by 48 states. Our robust and meaningful democracy is built upon our First Amendment, which protects our right to express ourselves even when - indeed, particularly when - that expression is distasteful or unpopular.

We at the ACLU wholeheartedly support the First Amendment rights of all, and this includes the right of the press to publish stories as they see fit. Of course, this right necessarily means that sometimes the media may get it wrong.

---eoe---

http://www.krnv.com/Global/story.asp?S=7163998&nav=8faO

[Richard Steele]

1. K&R

[me b zola]

2. k&r

[Emit]

3. Heh, that's directed at the media here, I think, who reported that it is illegal

to fly the Mexican flag above the American flag. And the ACLU is saying that it is not illegal, that it just doesn't follow the codes of standards for flying a flag, and they are requesting that the media correct themselves. Yet, notice to the left what other stories KRNV Ch 4 are running: "Flag of Mexico Flown Illegally Over Reno Business"

Yeah, KRNV doesn't get it, do they?

[bluestateguy]

4. Americans get so bent out of shape over flags

And that goes for everybody: people on both sides of the Confederate flag "issue" and these yearly dog and pony shows to ban flag burning because it hurts some people's feelings.

[Recursion]

5. One of the biggest ironies of the anti-flag-burning laws...

...is that the Flag Code specifies the times that it is not only allowed, but required to burn the colors (when it's no longer serviceable, or to prevent the colors from falling into enemy hands).

[sinkingfeeling]

6. I love the ACLU! If somebody gets their shorts in a knot over this 'case', then I want equal

treatment for the millions of other flag code violations. The flags that are flown 24/7 without lighting; G.W. Bush writing (or maybe printing) his name across one; the ones that are left out in all types of weather; and certainly, clothing and items with the image of the flag upon them should all be made into federal cases!

[bigtree]

7. stepping on the 9-11 memorial flag inlaid into the floor after his commemoration speech

[TheUniverse]

8. Thank you for posting this.

I posted a thread on this incident, and I was suprised at how many DUer were telling me the resturant owner broke the law just because the media told them. Everyone needs to study up on Texas v Johnson, and the constitution while they are at it. http://en.wikipedia.org/wiki/Texas_v._Johnson