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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAbout D.C statehood
If and I hope when it happens, I hope there is a resolution the the new 51 star flag can NEVER be desicrated by any colors. Let the police, or trump, or whoever, make their own flag and stop hijacking the American flag.
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About D.C statehood (Original Post)
newdayneeded
Apr 2021
OP
The First Amendment says that people can do anything with it they want.
mahatmakanejeeves
Apr 2021
#5
brooklynite
(94,333 posts)1. I have no idea what you mean.
People and Government agencies can't use the flag?
mopinko
(69,990 posts)2. they prolly wont accept a new flag anyway.
PJMcK
(21,996 posts)3. About the U.S. Flag Code
This is an actual U.S. law.
No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
(c) The flag should never be carried flat or horizontally, but always aloft and free.
(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speakers desk, draping the front of the platform, and for decoration in general.
(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
(f) The flag should never be used as a covering for a ceiling.
(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.
(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
(c) The flag should never be carried flat or horizontally, but always aloft and free.
(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speakers desk, draping the front of the platform, and for decoration in general.
(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
(f) The flag should never be used as a covering for a ceiling.
(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.
However, in 1989, the Supreme Court ruled in Texas vs. Johnson that use of the flag in protest is protected free speech, thus nullifying the U.S. Flag Code. Interestingly, Justice William Brennan wrote for the majority. He was what we used to call a "moderate Republican" who was appointed by President Eisenhower.
Even more interesting is that it's almost always that it's Right-wingers who tend to use the U.S. Flag to express their "patriotism:"
- Using the Flag and its pole to beat a Capitol police officer
- Wearing the Flag as a do-rag
- Wearing the Flag as other clothing
- Changing the colors of the Flag
- Leaving their Flags out in the elements so that they become frayed and damaged
- Superimposing Trump's name onto the Flag
There's more, of course.
mahatmakanejeeves
(57,290 posts)4. "Should" is not the same as "shall."
I know that you know that, but for enforcement, it's a big deal.
PJMcK
(21,996 posts)6. Not when it was written
Regardless, since SCOTUS ruled, even the U.S. Olympic teams have worn the Stars and Stripes as bathing suits and track uniforms.
Ah, well.
mahatmakanejeeves
(57,290 posts)5. The First Amendment says that people can do anything with it they want.
Even Antonin Scalia -- yes, that Antonin Scalia -- begrudgingly signed on for flag burning. He wasn't happy about it, but being true to the Constitution meant that he had to make the choice he did.
Texas v. Johnson
Argued: March 21, 1989
Decided: June 21, 1989
Holding: A statute that criminalizes the desecration of the American flag violates the First Amendment. Texas Court of Criminal Appeals affirmed.
Majority: Brennan, joined by Marshall, Blackmun, Scalia, Kennedy
Concurrence: Kennedy
Dissent: Rehnquist, joined by White, O'Connor
Dissent: Stevens
Laws applied: U.S. Const. amends. I, XIV; Desecration of a Venerated Object, Tex. Penal Code § 42.09(a)(3)
Texas v. Johnson, 491 U.S. 397 (1989), was a landmark decision of the US Supreme Court that invalidated prohibitions on desecrating the American flag, which at the time were enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Johnson was represented by attorneys David D. Cole and William Kunstler.
{snip}
Argued: March 21, 1989
Decided: June 21, 1989
Holding: A statute that criminalizes the desecration of the American flag violates the First Amendment. Texas Court of Criminal Appeals affirmed.
Majority: Brennan, joined by Marshall, Blackmun, Scalia, Kennedy
Concurrence: Kennedy
Dissent: Rehnquist, joined by White, O'Connor
Dissent: Stevens
Laws applied: U.S. Const. amends. I, XIV; Desecration of a Venerated Object, Tex. Penal Code § 42.09(a)(3)
Texas v. Johnson, 491 U.S. 397 (1989), was a landmark decision of the US Supreme Court that invalidated prohibitions on desecrating the American flag, which at the time were enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Johnson was represented by attorneys David D. Cole and William Kunstler.
{snip}
MichMan
(11,868 posts)7. Sounds like you agree that anyone caught burning it as a protest should be arrested ?