May 2014



Question: Is it legal to fly the flag upside down?

Written by , Posted in Constitutional Law


An individual has the right to fly an American flag upside down. The First Amendment of our Constitution not only ensures freedom of speech in the traditional sense, but also protects conduct, symbols, and non-verbal speech that convey an idea or a particularized message. Since 1989, the Supreme Court has acknowledged that conduct pertaining to the flag, including flag burning, is expressive conduct within the ambit of First Amendment protection. Texas v. Johnson, 491 U.S. 397 , 404-6 (1989). As recently as four months ago, in Congine v. Village of Crivitz, the United States District Court for the Eastern District of Wisconsin extended citizens’ expressive rights by holding that it is a constitutional violation to forbid the public display of an upside down American flag.

It is uncertain whether or not the Supreme Court will weigh in on the “upside down flag” issue. Nevertheless, given that the Supreme Court continuously upholds expressive conduct regarding displays of the American flag, it is likely that it will agree with Wisconsin District


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I want to fly my American flag up side down to tell the people in my neighborhood we are in a national emergency due to a Mafia style government by a DEMOCRATIC PARTY that allows unconditional law breaking and not promoting the general welfare of America as written. I stand as one of many crying in the wilderness for a free people. We the people of the United States of America are the Government Of Democracy (GOD) do not forget us A-Men. I don’t have a website. Just a email address.

Jospeh Mavilia

I totally agree with Robert S Talley because we the people of America are in distress. Government is Anti-American under the democrat party who is leading us to destruction of our Constitutional Republic. They are promoting Marxist socialism.

Mikio Ludwig

Mr Talley you have the right to fly our National flag in a matter that befits its true symbolism of freedom and patriotism. Your decision to fly it upside down when when you are not in true emergency but only a desire to express a political view is shameful!! Did you service in the military for any period of time where those of us who did for many years did not fly our national ensign at any time. We were willing to lay our live down to protect the flag and even for facists like yourself. So find another way other than flying the flag upside down to express your political feelings. Navy Vet and Army Retired!