Posted on Oct 16, 2015
How do you feel about the American flag being modified?
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Responses: 110
Yes the flag of the United States of America should not be altered CPO John Jacobson for any reason. If this is a real picture I hope the "flag" was taken down and destroyed with whoever made the flag dealt with appropriately for defacing a flag.
[Update 10/19/2015] Since this image does not appear to contain a real flag no law seems to have been violated - just good taste, respect for our flag, etc.
[Update 10/19/2015] Since this image does not appear to contain a real flag no law seems to have been violated - just good taste, respect for our flag, etc.
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LTC Stephen F.
PO1 Pete Sikes - You are probably correct. I know the desecration of a USA flag is a federal offense; but, unless clothing or in this case a flag includes actual parts of a flag of the USA there does not seem to be any federal statute which prohibits imitations.
https://www.law.cornell.edu/uscode/text/18/700
https://www.law.cornell.edu/uscode/text/18/700
18 U.S. Code § 700 - Desecration of the flag of the United States; penalties
For information regarding constitutionality of this section as amended by Pub. L. 101–131, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
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SPC Eric Cunningham
LTC Stephen F. - This again? I really wish people would stop posting this because it's invalid. Note section d(1) that fast tracks the case to the Supreme Court. That means this is the version that was passed in 1989 following the striking down of the original flag code in US v Johnson. That provision was immediately challenged and the statute you have posted was again overturned in 1990 in the case of IS v Eichman. This incredibly pervasive piece of false information needs to stop.
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LTC Stephen F.
SPC Eric Cunningham - I was concurring with PO1 Pete Sikes after a basic search. I was not attempting to complete an exhaustive search of the CFR.
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SPC Eric Cunningham
I get that. I've just become frustrated with the frequency with which I see that particular statute posted. Even if it WERE the law, it would be explicitly counter to the ideals our nation was founded on. We should not expect the law to protect us from offense in a free society.
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Suspended Profile
Some valid and invalid points on this topic.
My question remains - why the f*** do I have to know your sexuality? Why can't this flag have it's own pattern (like the original with horizontal stripes). I don't support LGBT as they bring about more division among us, and more often than not in an inappropriate way. I've seen things in San Francisco that I cannot unsee, in public - disgusting, but hey, freedom, I guess (everyone does whatever the f*** they want).... I don't see any heterosexual movements/flags, etc... God forbid a parade, all would be arrested for indecent exposure, and public disturbance...
God, I hate political correctness and hurt feelings - I'm offended that they are offended (or whatever group makes claim to offense in general), and I feel like inflicting pain upon them. Irony of "free" speech (I'd be the one carrying consequences, not "them").
My question remains - why the f*** do I have to know your sexuality? Why can't this flag have it's own pattern (like the original with horizontal stripes). I don't support LGBT as they bring about more division among us, and more often than not in an inappropriate way. I've seen things in San Francisco that I cannot unsee, in public - disgusting, but hey, freedom, I guess (everyone does whatever the f*** they want).... I don't see any heterosexual movements/flags, etc... God forbid a parade, all would be arrested for indecent exposure, and public disturbance...
God, I hate political correctness and hurt feelings - I'm offended that they are offended (or whatever group makes claim to offense in general), and I feel like inflicting pain upon them. Irony of "free" speech (I'd be the one carrying consequences, not "them").
Symbolic speech, protected by the First Amendment we are all sworn to defend.
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THIS IS PERFECTLY ACCEPTABLE. Like it or hate it, this is what we fought for, lost friends and troops for, and what we swore to defend This is freedom of speech and expression. This is liberty. I personally hate it, but I will defend their right to do... That freedom is what makes America great. Don't confuse your beliefs with freedom of speech/expression and liberty, Captain..... -- Captain, USAF (ret).
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A1C Lloyd Box
I swore to defend the Constitution against all enemies, both foreign and domestic. I think these perversions of the flag fall under the First Amendment. What has really gone wrong is that we have lost the culture war. And we are getting fewer and fewer. But, when the Constitution is attacked, like it is today, That is the true enemy of freedom. We must always be ready to defend freedom.
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