Flying Our American Flag is a Right

I am getting ready to write several hundred words regarding our right to fly our American flag.  However, everything except the first three paragraphs is irrelevant and just explaining my thoughts.

We as Americans (in America) have the absolute right to fly the American flag, anywhere, anytime and any size. 
Any law, ordinance or rule by any governmental body limiting the American flag anywhere in America is just wrong. Ditto any restrictions on the Virginia flag in Virginia.

The only exception to this is if my flag creates a danger to others or violates someone else’s constitutional rights such as if my American flag blocks visibility at an intersection for example or if I erect my American flag on YOUR property.

I had to contemplate if a flag is indeed a sign. My conclusion is yes, flags are signs with the exception of American and Virginia flags; however, a Virginia flag would be a sign in any state other than the Commonwealth of Virginia. And any American or Virginia flag with any message on it becomes a sign. Only unaltered American flags are official American flags.  An American flag in any other country would be a sign unless it is at an embassy, military base or a similar situation.

While I understand the probable intent of the Prince Edward County board of supervisors’ sign ordinance, that doesn’t make it right.

If as they say, “Flags are speech,” then limiting free speech in any way is unconstitutional.  Limiting the size of a sign or flag is the same as saying, “Averett, you have the right to free speech BUT you can only say it so loud.”  “We have determined that your free speech is only allowed under 60 decibels, anything louder than that is illegal and over 100 decibels is a felony.”

That would be ridiculous. So is any ordinance that prohibits a large American flag.

I would say the same applies to signs and flags unless they interfere with other rights. For example, if someone posts a sign that reads “Let’s go Brandon”; in the original wording I would find it offensive. BUT your free speech is yours. I don’t have to agree or not be offended. Nowhere in our constitution is there a clause stating “You have the absolute right to never be offended.”

 I will concede that some signs and flags are offensive to me.  That is just tough for me and the price we pay for free speech.

Since my beliefs tend to lean Libertarian, I must say “My rights end where yours begin.”  And “I have the right to swing my fist as much as I want until it hits you.”

In order to protect my rights I have to defend your rights, even when we disagree.

The Prince Edward sign ordinance is flawed.  I can, according to the ordinance, paint my roof or the side of my house with an American flag and it is allowed. Any size, no restrictions. However, if I fly that same flag over 40 square feet I am in violation. Presumably that also applies to any other signs.

Secondly, any sign ordinance should have a proximity to the highway or public property clause.  There might be some justification for limiting my over 40-square-foot sign on my property beside the highway, (although I can’t think of any) but that same sign a quarter of a mile (1320 feet) from the highway is another situation.

Finally, stating that taking down a flag from a permanently installed flag pole and replacing it with another flag constitutes “erecting a new sign” is a stretch.  A new flag, particularly the same flag but a different size, on the same flag pole is simply a continuation of that flag.

If I erect a billboard of over 40 square feet in size in Prince Edward County following all the rules and regulations, do I have to get a new permit every time I change the message?

If I erect a flag or sign in my yard over 40 square feet but it isn’t visible to anyone unless they come on my private property, am I in violation?

Finally, I wrote a few weeks ago that I believe the increase in Confederate flags is a push back against the removal of Confederate statues and names from public property. Even if I disagree, they have that right.

If I were forced to remove MY American flag due to the size I would also push back. First, I would loan my oversized flag to a friend to display until he or she is ordered to remove it, and then pass it on to another person.  I would attend every board meeting until the ordinance was changed. I would vote against any supervisor who supported that ordinance and I would install as many American flags as I could afford and encourage my friends to do the same. God Bless America!

Post Script

Years ago I received some abuse when I opposed a patriotic citizen in Richmond who violated his subdivision ordinance by erecting a flag pole and displaying an American flag. The situation was different. He voluntarily agreed to abide by the subdivision ordinances when he purchased his property. Those ordinances stated “no free standing flag poles.”  While I loved his flag, he was wrong.