Can a foreign flag be displayed alone (no US flag) on a private residence

[ashaklv]

To commemorate with fellow Poles during the time of mourning after the Polish President and his wife and 95 other officials died in a plane crush, we displayed the Polish national flag with a black ribbon on our house. It was important to us and especially our family and friends in Poland that we do that. We didn’t want to install another flag pole holder so there was no American flag displayed along the Polish flag. Did we violate the rules?

[GCLARK]

The U.S. Flag should probably be displayed too, but it seems to me that in the manner you are displaying the flag, with memorial to such a tragedy, that it is okay for a period of time. I am know expert though.

[NAVA1974]

The United States Flag Code addresses the flying of the USA flag either alone or in conjunction with other flags. If you aren't flying the US flag, then you are not in conflict with the Code. Note that the code does say that you shouldfly the flag on certain holidays, so I conclude that you can fly the Polish flag alone except on Memorial Day, 4th of July, etc., etc., when the US flag should be flown insead.

Nick

[ashaklv]

Thank you for the helpful information. We found the rules on the Internet and we didn’t think we violated the code. We understood that it was OK to display a foreign flag as long as it was not instead of the US flag. Since there is no reason to display a US flag due to no national holiday, for example – we decided we were fine. An older gentleman living on our street (of Polish descent no less, and a lawyer to boot) told us that what we did was illegal. I needed some reassurance that it wasn’t :0) Thank you.

[Peter Ansoff]

It is certainly not illegal. I fly flags of other nations almost every day at my house, both with and without the US flag. I think that your lawyer friend needs to check his references!

I would also like to express our deepest sympathies for the recent terrible tragedy. As we all know, Poland and the United States have a long shared history, and an event such as this is a blow to both countries.

Peter Ansoff

[ashaklv]

Thank you for the sympathy. It is a terrible tragedy.
[FONT='Calibri','sans-serif']As to my lawyer neighbor, he does indeed need to check his references ;0)[/FONT]

[NAVA1974]

As to my lawyer neighbor, he does indeed need to check his references

Your neighbor may be citing state law with respect to flag display. Recall that the United States Flag Code only has the force of law when the provisions are adopted by the states (or imposed by Congress as in the case of the District of Columbia.) My wife did the research for a book published by the National Flag Foundation titled "Stars, Stripes, and Statutes" that covered all the legal restrictions on flying foreign national flags, "red flags," flags of anarchy, flags displayed on public buildings, etc., etc. A number of state provisions are summarized at the Flag Of The World web site:

Flag laws in the United States

If you are in New Jersey, your neighbor is correct:

New Jersey prohibits the display of a flag of a foreign country unless accompanied by a U.S. flag of at least equal dimensions.

Nick

[ashaklv]

Thank you for the information. I am in Nevada. Is New Jersey the only state that requires American flag along with the foreign?

[Peter Ansoff]

I wonder if the New Jersey law has ever actually been invoked, and what the outcome was. The 1989 and 1990 Supreme Court decisions about flag desecration were based on the idea that you cannot outlaw flag misuse as a form of political expression. Displaying a foreign flag could certainly be seen as political expression, but I don't know if the same principle would apply.

The "equal dimensions" provision is also interesting. Commercial US flags are typically 3:5 or 4:6, but other countries' flags have different proportions -- the British and Canadian flags are officially 1:2, for example. Would it be illegal to fly a 3 x 5 US flag with a 3 x 6 British flag?

Peter Ansoff

[coasterville]

So outside of New Jersey, the general guidelines seem to be -

Don't fly a foreign flag from an official public area - government building, school, police, fire, park, etc.

Don't fly a flag that could reasonably be construed as 'hateful' or lead to civil unrest.

Other than that - we the people are left to the freedom of personal expression, so if you feel strongly in mourning Poland's late president as the case may be, then more power to you.