mexican flag, on top Options

[Divergent Realit...]

http://www.youtube.com/watch?v=nal3RP9il3A

a video of what happened when a mexican flag was flown above an american flag.

[Erik B.]

I've been looking and I haven't found any law that states that a flag can't fly above the American flag. I did find the executive order regarding the display of flags.

It says:
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.

It also says:
The flag should be displayed on all days, especially on... (insert list of federal holidays, etc. here.


So if we're going by this, then I'm breaking the law right now because I'm not flying the flag, when the executive order specifically says that it should be flown on ALL DAYS.

I also found this interesting tidbit:
All ... details of the flag are dealt with by Executive Order. This orders is only binding on the Executive Department of the federal government. It has no binding effect on any civilian, or, for that matter, on any other department of the federal government, nor on any State governments or their subdivisions. the text of the Executive order may be seen here.


Any law outlining how the flag MUST be displayed would be a violation of the 1st amendment, would it not?

[jonathan83]

I've been looking and I haven't found any law that states that a flag can't fly above the American flag. I did find the executive order regarding the display of flags.

It says:
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.

It also says:
The flag should be displayed on all days, especially on... (insert list of federal holidays, etc. here.
So if we're going by this, then I'm breaking the law right now because I'm not flying the flag, when the executive order specifically says that it should be flown on ALL DAYS.

I also found this interesting tidbit:
All ... details of the flag are dealt with by Executive Order. This orders is only binding on the Executive Department of the federal government. It has no binding effect on any civilian, or, for that matter, on any other department of the federal government, nor on any State governments or their subdivisions. the text of the Executive order may be seen here.
Any law outlining how the flag MUST be displayed would be a violation of the 1st amendment, would it not?

haha, amazing what google will find

according to Federal Law it is illegal as outlined in the United States Code, Title 36, Chapter 10:

§175. Position and manner of display:

© 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.

[Erik B.]

haha, amazing what google will find

I'm quoting this from a government website, which I assume would have an official status. This is written in explanation of the text you quoted, Title 36, Chapter 10.

The Code is designed 'for the use of such civilian groups of organizations as may not be required to conform with regulations promulgated by one or more executive departments' of the federal government, such as the armed forces. The Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions. Rather, it functions as a guide to be voluntarily followed by civilians and civilian groups.

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.