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Puerto Vallarta News NetworkEditorials | Opinions | October 2007 

US Flag Rules
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A video of a veteran upset about a Mexican flag being flown above an American flag in Reno is popping up on Web sites and prompted a response Wednesday by police on displaying the American flag.
U.S. Army veteran Jim Brossard is the latest hero of the anti-immigration right. Earlier this week he used his Army knife to cut down an American flag that was being flown below the Mexican flag in front of a business in Reno, Nev. "I did what was in my heart," he told Fox News. "My patriotism is in my heart and in my soul."

Now, while many Americans are praising Brossard's actions, others are saying that he should be prosecuted — for destroying someone else's property and stealing a flag (he took the U.S. flag with him, while leaving the Mexican flag where it had fallen on the sidewalk).

Others argue that even though — as several TV networks and bloggers have reported — it violates federal law to fly the U.S. flag below that of another country, Brossard should not have taken the law into his own hands.

There's a lot of wrong information circulating through the blogosphere regarding this incident, so let's get the facts straight. It does in fact violate the U.S. Flag Code — a federal law— to place the flag of any other country or state above the U.S. flag in any part of the U.S. or its territories.

However, the Flag Code is not mandatory. In fact, in the summary of federal flag law that was prepared for Congress it specifically 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." It also notes that the code "does not proscribe conduct, but is merely declaratory and advisory."

The flag should be respected but is not sacrosanct in this country. The Supreme Court has even ruled that it's acceptable free speech to burn the flag. Thus it's clear that the businessman who violated the Flag Code would not have been prosecuted or even cited for so doing.

We suspect that the Reno incident at heart was a form of backlash against the many Mexicans who violate U.S. law by entering this country illegally, and then fly the Mexican flag in protest rallies. A few Hispanic groups have angered Americans by blatantly pledging to "take back" the southwestern states that were once part of Mexico.

We don't know whether the Reno businessman was a legal U.S. resident or not. Nor do we know if he was intentionally insulting the U.S. flag. He was wrong — but he may simply not have known the proper flag etiquette. It's possible that he was trying to show loyalty to both the U.S. and Mexico, and gave little thought to the position of the flags.

Brossard, however, as a U.S. military veteran, had to know that he was taking the law (as he mistakenly understood it) into his own hands.

Will he be prosecuted? That depends on the Hispanic businessman whose rights were violated. We hope not, though, because Brossard obviously is a heart-deep patriot and his actions caused no serious harm. In addition, bringing charges could result in more anti-Hispanic backlash.

However Brossard certainly should give some serious thought to what it really means to be an American. True patriotism involves far more than love for flag and country. It also requires respect for the rule of law — all laws, not just those that strike an emotional chord.



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