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Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 10:24 am
by Keith B
Wildscar wrote:Liberty wrote:It is not illegal to burn, fly low or upside down or use as toilet paper. If you own a flag its pretty much legal to do what ever you want to with it.
I would disagree with that statement. The following link is the laws regarding the proper used and display of the American flag. It is illegal to fly another nations flag above the American Flag on US soil.
http://www.senate.gov/reference/resourc ... L30243.pdf" onclick="window.open(this.href);return false;
I know the diffrence between right and wrong, even when right happens to fall on the wrong side of the law.

While I agree the guy was in the wrong for flying the flag as he did on U.S. soil, there really isn't a penalty for doing so. See the section on
Nature of Codification of Customs and Rules in the code which states:
The Flag Code is a codification of customs and rules established for the use of certain civilians and civilian groups. No penalty or punishment is specified in the Flag Code for display of the flag of the United States in a manner other than as suggested. Cases which have construed the former 36 U.S.C. ยง 175 have concluded that the Flag Code does not proscribe conduct, but is merely declaratory and advisory.
IANAL, but this means the code is only the guidelines and advice.
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 11:15 am
by Purplehood
Wow, I actually read that Senate report and cannot believe that everything I was taught since childhood and in the military was actually an advisory and not code. Call me embarrassed.
Please put me on this guys jury if he ever gets charged. I will not convict him. I might hand him a plaque.
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 11:35 am
by WildBill
Wildscar wrote:Liberty wrote:It is not illegal to burn, fly low or upside down or use as toilet paper. If you own a flag its pretty much legal to do what ever you want to with it.
I would disagree with that statement. The following link is the laws regarding the proper used and display of the American flag. It is illegal to fly another nations flag above the American Flag on US soil.
http://www.senate.gov/reference/resourc ... L30243.pdf" onclick="window.open(this.href);return false;
I know the diffrence between right and wrong, even when right happens to fall on the wrong side of the law.

I think the point is that Mr. Brossard is not a federal agent so even if it were illegal he was still taking the law into his own hands by stealing the flag and vandalizing property.
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 12:03 pm
by Keith B
WildBill wrote:I think the point is that Mr. Brossard is not a federal agent so even if it were illegal he was still taking the law into his own hands by stealing the flag and vandalizing property.
I don't disagree there.

Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 12:57 pm
by Captain Matt
Can it be considered disorderly conduct.
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 2:32 pm
by stevie_d_64
This happened on the way up to the elections in 2006...
The debate (or lack thereof of action) in regards to the ILLEGAL immigration issue was in high swing...And our government failed miserably to address, much less act upon their duty to uphold our immigration laws and procedures in relation to this growing problem...
So when this Veteran decided he had had enough, he acted as a citizen of this country, went to that bar that catered to that segment of the community, and corrected them...Plain and simple...
If our government, and the people commissioned to uphold the law are unable, or in this case unwilling to do so, in fear of instigating an "incident", then this Veteran did what he had to do...
I would have done the same thing if I lived in that community...
Besides, that bar owner knew exactly what he was doing! And for them to be surprised at the reaction just goes to prove it...What has gotten me for the longest time is that they failed to put the age limit sign at the door in both English and Spanish...
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 2:36 pm
by stevie_d_64
Keith B wrote:WildBill wrote:I think the point is that Mr. Brossard is not a federal agent so even if it were illegal he was still taking the law into his own hands by stealing the flag and vandalizing property.
I don't disagree there.

Write me up for that misdemeanor...I'll take defensive driving...

Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 4:43 pm
by Cutter
What I saw was a man that believes in his country and who openly accepted the consequences for his actions.
I think that the store owner was trying to make a statement, and I think that this man, Mr. Brossard, made his own statement in response. I think that he was willing to accept whatever happened, and I respect that.
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 5:35 pm
by flb_78
I wouldn't risk my CHL over it.
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 9:20 pm
by Liberty
flb_78 wrote:I wouldn't risk my CHL over it.
My question still remains,
If this was in Texas would the owner have been legally justified in using deadly force?
I know I sound like a jerk, and I don't mean too, flying the flag low is a statement I don't like seeing either.
Stealing a mans property is wrong. He has as much right to peacefully protest, on his own property as any man.
There is no natural, God given or Constitutional right not to be offended.
How many of us us would stand for someone vandalizing our Candidate signs. How about throwing rocks at a Synagogue, bombs at an empty mosque? Where do we draw the line? At what point do we have a right to defend our property. When it becomes alright to steal a mans property because we don't like his political views, and we have lost all respect for the freedom to speak, then we have become no better than the land the flag owner came from. If we are to have the right of free speech, then so must those who oppose us. Remember that today Conservatives are the minority we really need to keep in mind that there are those who seek to erode our rights away. If we concede that it is OK because the Mexican flag flies over the Stars and Stripes the leftist can extend this to limiting radio time to conservatives because it is offensive to leftist.
Where is the line we will draw when it comes to using deadly force. Protect our homes, our cars, our flag?
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 10:20 pm
by jbirds1210
In Texas he could have been charged with Unlawfully carrying a weapon due to the size of that knife.
Re: Veteran cuts down US Flag flown under a Mexican flag in Reno
Posted: Tue Mar 03, 2009 10:23 pm
by stevie_d_64
Liberty wrote:flb_78 wrote:I wouldn't risk my CHL over it.
My question still remains,
If this was in Texas would the owner have been legally justified in using deadly force?
I know I sound like a jerk, and I don't mean too, flying the flag low is a statement I don't like seeing either.
Stealing a mans property is wrong. He has as much right to peacefully protest, on his own property as any man.
There is no natural, God given or Constitutional right not to be offended.
How many of us us would stand for someone vandalizing our Candidate signs. How about throwing rocks at a Synagogue, bombs at an empty mosque? Where do we draw the line? At what point do we have a right to defend our property. When it becomes alright to steal a mans property because we don't like his political views, and we have lost all respect for the freedom to speak, then we have become no better than the land the flag owner came from. If we are to have the right of free speech, then so must those who oppose us. Remember that today Conservatives are the minority we really need to keep in mind that there are those who seek to erode our rights away. If we concede that it is OK because the Mexican flag flies over the Stars and Stripes the leftist can extend this to limiting radio time to conservatives because it is offensive to leftist.
Where is the line we will draw when it comes to using deadly force. Protect our homes, our cars, our flag?
Deadly force...No...
Peaceably protest??? The issue at that time was bigger than flying a flag incorrectly, and against the laws of this country...
The issue is actually pretty simple...The act of flying the flag in that manner WAS intended to illicite EXACTLY that kind of response...And they got it...
The issue you bring up about political candidates signs is not a good comparision, because those signs are free speech, but they are actually advertizing, and ads get vandalized all the time, but they are not representative, or the equivalent, of the flag of this country...
There is also no "fairness doctrine" when it comes to our National Symbols...There is no equal time that is needing to be extended to the flag of this country, and I certainly will not support any measures to attempt to extend equal time to our flag...
I hope you realize I am respectfully challenging you on some of these points...
And if the issue of "stealing" is still a sticking point...And I was the Veteran who cut the flag down, I still would have done that, but I would have handed the flag back to the owner and tell him he'd better find out how to fly it correctly next time, or it will happen again...
If my crime is to stand up for what is right in this country against a deliberate attempt to incite mine or anothers action to correct it in this manner...This would be the least of out problems...
And what is ironic...The problem is still here, and getting worse...