In the wake of condominium and homeowners' association rules prohibiting and restricting the display of the flag of the United States of America and cases that affirmed these rules, Congress passed the Freedom to Display the American Flag Act of 2005. While the Freedom to Display the American Flag Act protects homeowners from association unreasonable time, place, and manner restrictions in displaying the American flag, the Act falls short in its scope and application. Congress should amend the Act to include protection for tenants from restrictions imposed by landlords and municipalities in flying the American flag. Moreover, Congress should amend the Act to include other flags of symbolic significance, including the POW/MIA flag and military flags. Although associations might argue that the Freedom to Display the American Flag Act violates the Commerce Clause, Contracts Clause, Due Process Clause, and the Equal Protection Clause, courts will likely uphold the constitutionality under the Freedom to Display the American Flag Act. Reprinted in 16 Raven: A Journal of Vexillology (2007).
Raven: A Journal of Vexillology is a scholarly, jury-reviewed journal published annually by the North American Vexillological Association (NAVA).
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