Nevada ACLU Releases Statement on Mexican Flag Flying Over American Flag

[stephanie]

Oct 3, 2007 10:42 AM

Team Coverage of the Immigration Is
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.

However, we urge the media to take the opportunity to correct misinformation, especially about our rights and the criminal law.

The media is a powerful tool in informing the public, and this is an opportunity to tell the world that the First Amendment is alive and well, and protects everyone's right to fly whatever flag they wish on their property.


Being hung by their own PEOPLE...


OUR great Madam Speaker...
love for our country..

A love for our Country on display...



A picture of our FAITHFUL MEDIA..New York Times Owner and a main source of our MEDIA...


[IMG]http://i106.photobucket.com/albums/m268

We will stand up for America....

/alaska momma/blackfacehamsher-1.jpg[/IMG]





God Bless us all....Cause we're going to need it........

[Sitarro]

I wonder where they were when all the crap was started about Georgia's flag having the Confederate Battle flag in it's design.

[Nukeman]

For those of you who dont know the full code I will post it here.

There was a great deal of thought put into this for every situation. Some here really need to know the main points. I will say it is impossible to "know" the whole code but if your living in the US you should at least know the primary points and display regulations of the US Flag. This is a long one but I feel well worth the read!!

-CITE-

4 USC Sec. 7 01/02/2006

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

Sec. 7. Position and manner of display

-STATUTE-

The flag, when carried in a procession with another flag or

flags, should be either on the marching right; that is, the flag's

own right, or, if there is a line of other flags, in front of the

center of that line.

(a) The flag should not be displayed on a float in a parade

except from a staff, or as provided in subsection (i) of this

section.

(b) The flag should not be draped over the hood, top, sides, or

back of a vehicle or of a railroad train or a boat. When the flag

is displayed on a motorcar, the staff shall be fixed firmly to the

chassis or clamped to the right fender.

(c) No other flag or pennant should be placed above or, if on the

same level, to the right of the flag of the United States of

America, except during church services conducted by naval chaplains

at sea, when the church pennant may be flown above the flag during

church services for the personnel of the Navy. No person shall

display the flag of the United Nations or any other national or

international flag equal, above, or in a position of superior

prominence or honor to, or in place of, the flag of the United

States at any place within the United States or any Territory or

possession thereof: Provided, That nothing in this section shall

make unlawful the continuance of the practice heretofore followed

of displaying the flag of the United Nations in a position of

superior prominence or honor, and other national flags in positions

of equal prominence or honor, with that of the flag of the United

States at the headquarters of the United Nations.

(d) The flag of the United States of America, when it is

displayed with another flag against a wall from crossed staffs,

should be on the right, the flag's own right, and its staff should

be in front of the staff of the other flag.

(e) The flag of the United States of America should be at the

center and at the highest point of the group when a number of flags

of States or localities or pennants of societies are grouped and

displayed from staffs.

(f) When flags of States, cities, or localities, or pennants of

societies are flown on the same halyard with the flag of the United

States, the latter should always be at the peak. When the flags are

flown from adjacent staffs, the flag of the United States should be

hoisted first and lowered last. No such flag or pennant may be

placed above the flag of the United States or to the United States

flag's right.

(g) When flags of two or more nations are displayed, they are to

be flown from separate staffs of the same height. The flags should

be of approximately equal size. International usage forbids the

display of the flag of one nation above that of another nation in

time of peace.

(h) When the flag of the United States is displayed from a staff

projecting horizontally or at an angle from the window sill,

balcony, or front of a building, the union of the flag should be

placed at the peak of the staff unless the flag is at half-staff.

When the flag is suspended over a sidewalk from a rope extending

from a house to a pole at the edge of the sidewalk, the flag should

be hoisted out, union first, from the building.

(i) When displayed either horizontally or vertically against a

wall, the union should be uppermost and to the flag's own right,

that is, to the observer's left. When displayed in a window, the

flag should be displayed in the same way, with the union or blue

field to the left of the observer in the street.

(j) When the flag is displayed over the middle of the street, it

should be suspended vertically with the union to the north in an

east and west street or to the east in a north and south street.

(k) When used on a speaker's platform, the flag, if displayed

flat, should be displayed above and behind the speaker. When

displayed from a staff in a church or public auditorium, the flag

of the United States of America should hold the position of

superior prominence, in advance of the audience, and in the

position of honor at the clergyman's or speaker's right as he faces

the audience. Any other flag so displayed should be placed on the

left of the clergyman or speaker or to the right of the audience.

(l) The flag should form a distinctive feature of the ceremony of

unveiling a statue or monument, but it should never be used as the

covering for the statue or monument.

(m) The flag, when flown at half-staff, should be first hoisted

to the peak for an instant and then lowered to the half-staff

position. The flag should be again raised to the peak before it is

lowered for the day. On Memorial Day the flag should be displayed

at half-staff until noon only, then raised to the top of the staff.

By order of the President, the flag shall be flown at half-staff

upon the death of principal figures of the United States Government

and the Governor of a State, territory, or possession, as a mark of

respect to their memory. In the event of the death of other

officials or foreign dignitaries, the flag is to be displayed at

half-staff according to Presidential instructions or orders, or in

accordance with recognized customs or practices not inconsistent

with law. In the event of the death of a present or former official

of the government of any State, territory, or possession of the

United States, the Governor of that State, territory, or possession

may proclaim that the National flag shall be flown at half-staff.

The flag shall be flown at half-staff 30 days from the death of the

President or a former President; 10 days from the day of death of

the Vice President, the Chief Justice or a retired Chief Justice of

the United States, or the Speaker of the House of Representatives;

from the day of death until interment of an Associate Justice of

the Supreme Court, a Secretary of an executive or military

department, a former Vice President, or the Governor of a State,

territory, or possession; and on the day of death and the following

day for a Member of Congress. The flag shall be flown at half-staff

on Peace Officers Memorial Day, unless that day is also Armed

Forces Day. As used in this subsection -

(1) the term "half-staff" means the position of the flag when

it is one-half the distance between the top and bottom of the

staff;

(2) the term "executive or military department" means any

agency listed under sections 101 and 102 of title 5, United

States Code; and

(3) the term "Member of Congress" means a Senator, a

Representative, a Delegate, or the Resident Commissioner from

Puerto Rico.

(n) When the flag is used to cover a casket, it should be so

placed that the union is at the head and over the left shoulder.

The flag should not be lowered into the grave or allowed to touch

the ground.

(o) When the flag is suspended across a corridor or lobby in a

building with only one main entrance, it should be suspended

vertically with the union of the flag to the observer's left upon

entering. If the building has more than one main entrance, the flag

should be suspended vertically near the center of the corridor or

lobby with the union to the north, when entrances are to the east

and west or to the east when entrances are to the north and south.

If there are entrances in more than two directions, the union

should be to the east.

-SOURCE-

(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1495.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

7 36:175. June 22, 1942, ch. 435, Sec.

3, 56 Stat. 378; Dec. 22,

1942, ch. 806, Sec. 3, 56

Stat. 1075; July 9, 1953,

ch. 183, 67 Stat. 142; July

7, 1976, Pub. L. 94-344,

(6)-(11), 90 Stat. 811;

Sept. 13, 1994, Pub. L.

103-322, title XXXII, Sec.

320922(b), 108 Stat. 2131.

--------------------------------------------------------------------

-EXEC-

PROC. NO. 3044. DISPLAY OF FLAG AT HALF-STAFF UPON DEATH OF CERTAIN

OFFICIALS AND FORMER OFFICIALS

Proc. No. 3044, Mar. 1, 1954, 19 F.R. 1235, as amended by Proc.

No. 3948, Dec. 12, 1969, 34 F.R. 19699, provided:

WHEREAS it is appropriate that the flag of the United States of

America be flown at half-staff on Federal buildings, grounds, and

facilities upon the death of principal officials and former

officials of the Government of the United States and the Governors

of the States, Territories, and possessions of the United States as

a mark of respect to their memory; and

WHEREAS it is desirable that rules be prescribed for the uniform

observance of this mark of respect by all executive departments and

agencies of the Government, and as a guide to the people of the

Nation generally on such occasions:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United

States of America and Commander in Chief of the armed forces of the

United States, do hereby prescribe and proclaim the following rules

with respect to the display of the flag of the United States of

America at half-staff upon the death of the officials hereinafter

designated:

1. The flag of the United States shall be flown at half-staff on

all buildings, grounds, and naval vessels of the Federal Government

in the District of Columbia and throughout the United States and

its Territories and possessions for the period indicated upon the

death of any of the following-designated officials or former

officials of the United States:

(a) The President or a former President: for thirty days from the

day of death.

The flag shall also be flown at half-staff for such period at all

United States embassies, legations, and other facilities abroad,

including all military facilities and naval vessels and stations.

(b) The Vice President, the Chief Justice or a retired Chief

Justice of the United States, or the Speaker of the House of

Representatives: for ten days from the day of death.

(c) An Associate Justice of the Supreme Court, a member of the

Cabinet, a former Vice President, the President pro tempore of the

Senate, the Majority Leader of the Senate, the Minority Leader of

the Senate, the Majority Leader of the House of Representatives, or

the Minority Leader of the House of Representatives: from the day

of death until interment.

2. The flag of the United States shall be flown at half-staff on

all buildings, grounds, and naval vessels of the Federal Government

in the metropolitan area of the District of Columbia on the day of

death and on the following day upon the death of a United States

Senator, Representative, Territorial Delegate, or the Resident

Commissioner from the Commonwealth of Puerto Rico, and it shall

also be flown at half-staff on all buildings, grounds, and naval

vessels of the Federal Government in the State, Congressional

District, Territory, or Commonwealth of such Senator,

Representative, Delegate, or Commissioner, respectively, from the

day of death until interment.

3. The flag of the United States shall be flown at half-staff on

all buildings and grounds of the Federal Government in a State,

Territory, or possession of the United States upon the death of the

Governor of such State, Territory, or possession from the day of

death until interment.

4. In the event of the death of other officials, former

officials, or foreign dignitaries, the flag of the United States

shall be displayed at half-staff in accordance with such orders or

instructions as may be issued by or at the direction of the

President, or in accordance with recognized customs or practices

not inconsistent with law.

5. The heads of the several departments and agencies of the

Government may direct that the flag of the United States be flown

at half-staff on buildings, grounds, or naval vessels under their

jurisdiction on occasions other than those specified herein which

they consider proper, and that suitable military honors be rendered

as appropriate.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the

Seal of the United States of America to be affixed.

DONE at the City of Washington this 1st day of March in the year

of our Lord nineteen hundred and fifty-four, and of the

Independence of the United States of America the one hundred

and seventy-eighth.

[seal]

Dwight D. Eisenhower.

God Bless the United States and all she stands for!!!!!

[Monkeybone]

i don't think that saying the that the American Flag should never be placed below another flag is violating free speach. violating it would be saying that they can't fly the other flag. if it comes down to, then we should make it mandatory and enfroacble

[5stringJeff]

Here's what we should do next time someone tries to raise a Mexican flag above the American flag:

<p><a href='http://burntflag.com/flagburn.php?Flag=mexico'>Burn the Mexico Flag!</a></p>
<p><a href='http://burntflag.com/flagburn.php?Flag=mexico'>
<img border='2' alt='Burn the Mexico Flag!' src='http://burntflag.com/images/thumbs/mexico.gif' /></a></p>

[5stringJeff]

And, just for fun, you can also:

<p><a href='http://burntflag.com/burn.php?b=11971545231edc1c3f.gif'>Burn the Gay Flag!</a></p>
<p><a href='http://burntflag.com/burn.php?b=11971545231edc1c3f.gif'>
<img border='2' alt='Burn!' src='http://burntflag.com/usrimg/thumbs/small_11971545231edc1c3f.gif' /></a></p>