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Bladed wrote:

croc870 wrote:I think what bladed is saying is that although the flag code has the language, the Supreme Court has said that such a law is unconstitutional when the violation is a form of expression, and thus it is not illegal.

Per the U.S. Supreme Court, the U.S. Flag Code is not enforceable (and would be unconstitutional) as a law; it is simply a codification of appropriate (but not mandated) etiquette relating to the American flag. From a legal standpoint, flying the Mexican flag above the U.S. flag is on par with neglecting to say "excuse me" after you belch (rude but not illegal).

Although technically correct I would have to say, unless I am not catching the sarcasm, the reduction of reverence to the US Flag by placing it on par with belching is in of itself disrespectful. Unless you know of some obscure duel I don't recall anyone fighting and dying for the right to belch. Countless American Patriots have charged the hill and many more have fallen for the opportunity to plant the American flag knowing the only ground they held was the dirt they were standing on... So until the SCOTUS learns what it means to take incoming rounds and knows the accomplishment of being able to plant our colors or see the person who was killed beside you draped in those colors I think I will adhere to the Flag Code until court ordered to change it...

Bladed wrote:Contrary to the claim made in this (five-year-old) news story, there is nothing illegal* about flying the Mexican flag above the U.S. flag. However, as Wendy Davis's supporters recently demonstrated at the Texas Capitol, the best recourse when you disagree with the lawful action of another is to take the law into your own hands and, irrespective of any code or statute your action might violate, force compliance with your personal views.

*Texas v. Johnson (1989); United States v. Eichman (1990)

EDITED TO ADD: Does anyone else see the irony of this video getting a "clapping" smiley from someone whose sig line reads, "I disapprove of what you say, but I will defend to my death your right to say it"?

United States Code Section 7, Title Four, which states,
(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. 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: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.