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Old 10-05-2007, 02:38 PM
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BENZ-LGB BENZ-LGB is offline
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Join Date: Apr 2001
Location: Southern California
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Here is information regarding the manner in in which the U.S. flag may be displayed.

Previous to Flag Day, June 14, 1923 there were no federal or state regulations governing display of the United States Flag. It was on this date that the National Flag Code was adopted by the National Flag Conference which was attended by representatives of the Army and Navy which had evolved their own procedures, and some 66 other national groups. This purpose of providing guidance based on the Army and Navy procedures relating to display and associated questions about the U. S. Flag was adopted by all organizations in attendance.

A few minor changes were made a year later during the Flag Day 1924 Conference, It was not until June 22, 1942 that Congress passed a joint resolution which was amended on December 22, 1942 to become Public Law 829; Chapter 806, 77th Congress, 2nd session. Exact rules for use and display of the flag (36 U.S.C. 173-178) as well as associated sections (36 U.S.C. 171) Conduct during Playing of the National Anthem, (36 U.S.C. 172) the Pledge of Allegiance to the Flag, and Manner of Delivery were included.

This code is the guide for all handling and display of the Stars and Stripes. It does not impose penalties for misuse of the United States Flag. That is left to the states and to the federal government for the District of Columbia. Each state has its own flag law.

Criminal penalties for certain acts of desecration to the flag were contained in Title 18 of the United States Code prior to 1989. The Supreme Court decision in Texas v. Johnson; June 21, 1989, held the statute unconstitutional. This statute was amended when the Flag Protection Act of 1989 (Oct. 28, 1989) imposed a fine and/or up to I year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor or trampling upon any flag of the United States. The Flag Protection Act of 1989 was struck down by the Supreme Court decision, United States vs. Eichman, decided on June 11, 1990.

While the Code empowers the President of the United States to alter, modify, repeal or prescribe additional rules regarding the Flag, no federal agency has the authority to issue 'official' rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the Code may continue to be made. The Flag Code may be fairly tested: 'No disrespect should be shown to the Flag of the United States of America.' Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown.


The Code provisions were enacted prior to the 1st Amendment cases involving the burning of the flag. So i have seriously doubt that 1st. amendment considerations had anything to do with the language of the statute.

Pursuant to the statute, each state has the right to enact its own laws regarding the use and/or misuse of the flag. It would be interesting to see what Nevada law says in this area.

Intellectually, I have no objection to protecting the burning of the flag as free speech. Emotionally, if I saw someone doing it I'd kick his a@@ and then face the music.

I am willing to bet enchiladas to tacos that the owners of the bar knew fuill well what they were doing. They are Hispanics and in the Hispanic culture, being on "top" is a position of power in every sense of the word, from economics, to social, to sex. Putting the Mexican flag on top of the American flag is like saying "The Mexican flag is f**king the American flag; and we are f**king you too." You would have to know and understand the culture to appreciate the insult implied by his actions.

And yes, sadly enough, the citizenship tests are administered i nmany foreign languages. I cannot understand why, if you want to become an American citizen, you don't put hte effort to learn more than just a few passing words of English.

It is wrong and it should not be allowed. You want to be a U.S. citizen? Then at least learn the language.
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