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The Right to Display the American Flag

Updated on October 15, 2010

 

The right to display the American Flag has come under attack again.  Recently there was a news report that someone in their own home was told by a management association that they could not display the American Flag.  It is true that management associations have the right to make certain rules that owners who are part of it must follow.  These rules however must not or should not violate the freedoms we have today.  Displaying the American Flag is addressed in a federal law which was passed in 2005.  Details of this law are provided in the next paragraph.  Besides the federal law there are several laws enacted by individual states addressing the right to display the American Flag.  The point I am making is that our flag is a symbol of who we are and where we have come from as a country.  There are many things which we as individuals have a right to do.  One of these is our right to show our support for those in the military by displaying our flag.  I find it troubling that any business, housing community or organization would place restrictions on displaying the American Flag. 

     Again our flag represents who we are and where we have come from as a country.  Our country has a rich history and our flag is a big part of that history.  Displaying the American Flag shows we are proud of our heritage and those who have fought for or are fighting to protect the freedoms we enjoy today.  One important thing to note is that there is a federal law as mentioned in the above paragraph titled the Freedom to Display the American Flag Act of 2005.  This act specifically states that “A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.”

     The words in the act as identified above make it clear that we have the right to display our flag and show our support not only for those in the military but our country.  While the act goes on to say that reasonable restrictions may be permitted they should be the exception rather than the rule.  The act goes on to say restrictions may be imposed to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association. 

     Both sections of the act identified above point out our right as citizens to display the American Flag including the part about allowing restrictions.  Some individuals or groups may have a problem with displaying the flag and they have a right to their opinion but we as individuals have a right to ours.  This includes the opinion of supporting our country and our military by displaying the American Flag without anyone creating rules against it.  Displaying the flag does come with some responsibility.  Our flag should be displayed in such a manner as to designate respect.  Respect is something that is earned and our flag has earned the right to be respected as a result of what it represents.  It is one of the most recognized flags in the world. 

When we display it let us give it the respect it deserves.  The federal law covering the right to display the American Flag has some suggestions for properly displaying the flag.
     

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