Re: Mexican flag flown over U.S. flag at Reno business

Several people have claimed that flying another flag above the United States flag is a violation of federal law. Unless you are in the military or another agency of the government, this is not true. The Federal Flag Clode (4 U.S.C. §§ 4-10) is not binding on private citizens or private businesses. It contains no enforcement section and no penalties, and explicitly states that its purpose is to establish a set of VOLUNTARY GUIDELINES: “The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States.”

As for those who claim that this two-bit thug has some kind of First Amendment right not to be prosecuted need to think harder. Freedom of speech does not protect your right to grab a knife and destroy other people’s private property. If you don’t like how a private business treats the U.S. flag, you should feel free not to patronize that business. But you have absolutely no moral or legal right to deface or steal someone else’s property in order to get your way.

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