Flying Another Country's Flag in USA

Discussion in 'Other Flags' started by EmailPoster, Jun 6, 2006.

  1. Joe7000

    Joe7000 New Member

    No such thing as an "Amer-Can" flag. And yes the flag of reference is not a proper-ratio configured flag precisely because it has been defaced. When the Flag of the United States of America is posted and flown it represents our Constitution, not our and Canada's Constitution. Our Constitution guarantees that our nation is a Republic. Technically, Canada is still controlled by the Queen of England and England is not a Republic. I know (and like) many Canadians who spend half of every year in my American community. They have every right to show off their flag, but not appended to a US flag. I strongly doubt that one will see a "Can-American" flag flying anywhere in Canada. I think their Progressive government and Her Majesty would proscribe such blasphemy.
     
  2. Peter Ansoff

    Peter Ansoff USA Flag Site Admin

    Joe7000's original question was:

    Is it Constitutionally legal for a private home owner to fly an American flag with a Canadian flag appended to it?

    The answer is yes. The Constitution does not make any reference to flags, and there is no enforceable law that forbids the flying of a "Can-American" flag, or any other flag. The question of whether such a flag constitutes "defacement" of the US flag is moot, because there is no enforceable law against that either. The Supreme Court decisions of 1989-1990 made it clear that desecration of the American flag as a form of political speech is protected by the First Amendment.

    Flag of the United States of America is posted and flown it represents our Constitution

    No, it represents the nation. The flag existed before the Constitution did, and it would still exist if the USA adopted a new constitution or changed its form of government.

    I strongly doubt that one will see a "Can-American" flag flying anywhere in Canada.

    The Flag Shop, which is based in Vancouver BC and has outlets in Ottawa, Montreal, Toronto and 9 other locations in Canada, offers two different versions of a Can-American flag for sale:

    Other US Flags - Flags of the USA

    I suspect that most people would regard a Can-American flag as symbolic of the friendship between the two countries. It is also a clever way of displaying both flags in a more-or-less-equal way on a single flagpole. Others may feel differently, of course, and that is the point of Justice Holmes' statement down there at the bottom of this post.

    Peter Ansoff
     
  3. yukonlarry

    yukonlarry New Member

    Hello to you all; I am a Canadian visiting in the USA. Can I fly a Canadian flag on my USA home? I am told, by Canadians no less, that I also need to fly the US flag beside the Canadian one, that I cannot fly the Canadian flag alone. I don't think I ever saw an American fly a Canadian flag in Canada. Only the US flag, and I respect that. Hope someone can answer my question. Thank you.
     
  4. Peter Ansoff

    Peter Ansoff USA Flag Site Admin

    Greetings, yukonlarry -- welcome!

    Can I fly a Canadian flag on my USA home?

    Yes. You can fly any flag you wish on your home, with our without the American flag. I routinely fly foreign national flags on my house to honor their national days, etc. You'll always see the Maple Leaf flying here on the first of July!

    Peter Ansoff
     
  5. NAVA1974

    NAVA1974 Active Member

    I see that Peter Ansof just answered you. Yes, you are free to fly only the Canadian flag at your US home, but you might consider what that flag is telling your American neighbors, or rather, what your American neighbors are inferring from that flag. You might be saying "I am proud to be a Canadian" while your neighbors may be hearing "Canada is better than the USA." Just look at some of the earlier discussion in this string to see what emotions flags can generate.
    Nick A
    Columbia Maryland
     
  6. APS221

    APS221 Member

  7. APS221

    APS221 Member

  8. pwt

    pwt New Member

    Dear Peter A.,

    I am a first time user and request your guidance. My company has a single flag pole with a brace attached midway up the pole for flying either a State or Company flag.

    We are a Global company with our Parent Company in the UK. Occasionally we have a UK visitor.

    According to your Amercian Flag Protocol Rules it states:

    With Other National Flags
    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.

    My question is does the other "Natiional Flags" above include the U.S. and would it be wrong to fly the UK flag well below the U.S. flag. We just want to be sure as the cost of erecting a new separate flag pole is a costly investment. Thanks so much.

    PWT
     
  9. Peter Ansoff

    Peter Ansoff USA Flag Site Admin

    Greetings, PWT -- welcome to the forum!

    My question is does the other "Natiional Flags" above include the U.S. and would it be wrong to fly the UK flag well below the U.S. flag.

    The answer is yes -- the US flag is included in the reference to national flags, and it should not be displayed above (or below) another national flag. When displayed side-by-side with another national flag, the US flag should be on its own right (the viewer's left).

    My company has a single flag pole with a brace attached midway up the pole for flying either a State or Company flag.

    I'm not exactly what you mean by a "brace," but I'm guessing that it might be a yard, which is a short horizontal pole that is attached to the main pole in the middle. If that's the case, it would work to fly the US flag from one end of the yard, and the UK flag from the other. That way, they'd both be at the same height. If you did it this way, the "US flag on the right" rule (above) would still apply.

    I hope this answers the question -- if not, let us know!

    Best,

    Peter Ansoff
     
  10. APS221

    APS221 Member

    Yes. According to The Flag Code (Title 4, Section 7(g) of the United States Code):
    "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."

    This would indicate that one nation holds supremacy over another nation. Flying them from separate staff of equal height indicates they are both equal sovereign nations.

    I would suggest flying the United Kingdom's Union Jack by itself rather than below the United Stated Flag. However, some may object. They may state that a foreign con't be flown without an American Flag in a position of prominence. They will probably cite this clause from the Flag Code (Title 4, Section 7(c) of the United States Code):
    "...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:..."

    I believe that you are not flying a Union Jack "in place of" an American Flag. Your office, like any private home or business, is not required to fly an American Flag. Therefore, you can't fly a flag in place of a flag you are not required by any law, statute, ordinance, code, rule, or regulation to fly. You can choose when to fly the flag, and you can choose when not to fly it. Your office is not a post office, court house, or custom house.
     
  11. Joseph Jones

    Joseph Jones New Member

    Does USA citizen have "right" in the USA to fly one flag of a nation not the USA? IOW, does law prevent an entity (such as HOA, city, county, state, Federal) from writing rule, regulation, etc, which prevents me from flying one flag of a nation not the USA? For clarity, such flag would be on HOA property IFO my residence, and no larger and no taller than a neighbor's USA flag across the street, flown 24/7, also on HOA property IFO his home (private gated community, PUD, HOA). Could any entity write or have unwritten policy enforcing right to fly USA flag on HOA property IFO one's home while simultaneously denying another right to fly similar flag not the USA?

    If the form of this query is too legalistic, over the line asking for legal help where such can not be provided, please advise and I'll attempt re-write.

    Thank you for your help.

    Please save your time and omit any reply referencing personal opinions.
     
  12. NAVA1974

    NAVA1974 Active Member

    Joseph Jones:
    There are no Federal laws regulating the flying of foreign flags. You need to look at your state laws to see what flags may or may not be flown either alone or along side the USA flag. There was one publication that dealt with these state flag laws titled "Stars Stripes and Statutes" published by the National Flag Foundation. My wife was the pricipal legal researcher for that booklet. As it was published over 20 years ago I suspect some of the laws have been changed...

    Nick
    Columbia Maryland
     
  13. Joseph Jones

    Joseph Jones New Member

    Nick,
    Thank you for your considerate reply. Please pass along my thanks to your wife for her noble past work in this field. It would be nice (and not without cost in time and effort) if someone assembled and updated a website with the information you describe re. flag laws/regulations.
     
  14. APS221

    APS221 Member

    To answer your first question, yes. Anyone, not just American citizens, may fly the flag of a foreign nation. This "right" is enshrined within the Bill of Rights. The First Amendment to the Constitution of the United States which guarantees the freedom of speech. The Supreme Court of the United States has ruled the First Amendment's protections extend beyond speech to protect expressions, such as the display of flags and the desecration/mutilation of United States flags.

    There is a website with State flag-protection laws and summaries of Supreme Court cases involving flags here:
    Flag Amendment

    However, you state that the flag will be on property owned by a homeowners association (HOA) rather than property you own. This complicates things. HOAs do have a right to regulate flags flown on HOA property. Usually, HOAs would have to take an all-or-nothing approach to flags on HOA-governed property. This all-or-nothing approach comes after HOAs would run afoul of the First Amendment by prohibiting some flags and permitting others. For example, if a HOA permitted U.S. or State flags, but prohibited a sports team flag, the HOA could be taken to court for infringing upon a homeowners First Amendment rights, by permitting some forms of speech/expression and prohibiting others. As a result, HOAs would have to permit any flags, from the U.S. flag to sport team flags. In response, some HOAs choose to prohibit any flags. That way, everyone faced the same prohibition on flying any flags. Nobody can claim one form of speech/expression is favored over any other.

    This led to incidents where people would be punished for flying a U.S. flag. An old veteran would put up a flag, unaware of the HOA's prohibition on flags, and face fines for violating the HOA's rules/regulations/covenants/conditions/restrictions. This would make the HOA look like a bunch of unpatriotic jerks. This led Congress to pass the Freedom to Display the American Flag Act of 2005. This law specifically addresses the U.S. flag, and makes no mention of State, foreign, or other flags.

    To answer your second question, "could any entity write or have unwritten policy enforcing right to fly USA flag on HOA property IFO one's home while simultaneously denying another right to fly similar flag not the USA?" Yes. A HOA policy that prohibits flying any flag is superseded by this Federal Law which protects the U.S. flag from most HOA regulation.
     
  15. Joseph Jones

    Joseph Jones New Member

    I am as surprised as I am filled with gratitude for the breadth, depth, and detail in your reply.

    I am disappointed though not surprised that Congress would attach protection to the US flag denied to other flags. Let us compare a "flag" to other signs leading military conquests throughout history, such as the eagle that often tops the flag pole itself.

    The first two letters of Christ's name (CH) in Latin are "PX." Even today Roman so-called "priests" wear costly bright robes emblazoned with elongated "P" with a long stem, and "X" on the bottom of the stem.

    Prior to then-emperor of Rome Constantine's alleged "conversion" to Christianity, Christianity was illegal and Rome persecuted and martyred "believers," their primary offense being they denied the deity of the Emperor, a quality Christians reserved for God only. Constantine then did an about-face and inverted Christian status. Instead of fighting his losing battle while believers multiplied at ever increasing rate (all denying Constantine's desired status of deity), Constantine joined them. Constantine declared his new version of Christianity was the sole religion of the Roman Empire (prior to that Rome allowed any religion practiced in public, but incorporated Plato's Law which assigned the death penalty to any private practiced religion).

    Constantine could not conquer the fast growing tide of believers, so he joined them, sort of. Almost overnight, Constantine outlawed all religions other than the new State religion headquartered in Rome. All residents were given two choices, submit to the new and sole State-approved religion, or the alternative, death. Such is the brutal and violent birth of the religion known today as Catholicism, or more accurately defined as "Romanism."

    The first use of "PX" was leading Constantine's military into battle to kill and destroy his enemies. Maybe some readers note the difference between such activity and the suffering, crucified "Prince of Peace" who called Peter "Satan" for cutting off the ear of the Roman guard arresting Jesus. Jesus quickly and miraculously healed and reattached the soldier's ear.

    No wonder and no surprise at the deity status assigned by today's "leaders" to the US flag.

    I'll close with Jesus' words: "My kingdom is not of this world."



     
  16. Benny Florian

    Benny Florian New Member

    Mimi, I am the person that flies the two German flags in front of my house in Glendale.

    I am a retired Staff Sargent from the US Army with 24 years of service, during three wars, defending your right to voice your opinions.
    I fly the German national flag and the German state of Hessen's flag every April in honor of my wife and her birthday.
    I also fly a Scottish St. Andrews Cross flag in March for my birthday.
    The rest of the year I fly an American flag with a "retired army and still serving" flag.
    I can not put two poles up where I flay them or I would fly both or all of them "AT THE SAME" height all the time.
    I would take up arms again today to defend this nation and flag as well as your right to voice your thoughts.
    I would only like to know if you fly any flag, American or other wise at your home to show pride in America or your heritage?
    I can trace my heritage back to 1300 on one side of the family and to around 1100 on the other side. I am also a direct descendant of the Revolutionary War Sargent, Seth Lyman from Mass.
     
    Last edited: Apr 28, 2015
  17. Christine White

    Christine White New Member

    We need help, in our park they had the Canadian flag fling above the American Flag. We do not think this is right. What do you think
     
  18. Christine White

    Christine White New Member

     
  19. Christine White

    Christine White New Member

    We also are having a problem, for there are people in our park that think it is OK to fly another country flag above the American Flag. We feel that people from other countries should live by the law of the land. I was oversea I had to live by the law of the land for the country that I was living in. Why can we just stand up for our flag. I feel that these people are pulling us down, and that we are not allow to have are say.
     

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