Celebrating The Flag – You Could Get Arrested If You Do This

Celebrating the red, white, and blue is on the way across America in just a couple of weeks.  And while we all love a good time, could you actually be busted while having a good time with the flag?  The short answer is yes, you can.  The longer answer though is you probably won't ever be arrested, but does that make it right?

Let's Learn the Law First, Then the Discrepancies

Under Section 8, subsection (d), of the U.S. Flag Code stipulates that:

The flag should never be used as wearing apparel, bedding, or drapery.

Under that same section, subsection (i) states:

The flag should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard.

Here come the discrepancies that I see with these two codes and subsections.  How many times have we seen the flag on something?  A glass, a shirt, some sort of trinket like a key chain, I could really go on and on.  Aren't any of these designed for temporary use and perhaps discarded?  Flags are printed in newspapers for people to hang in windows to celebrate a holiday, small stick flags for parades.  These are all easily discarded items.

Alright, Time to Stir Up the Pot and See Where We Stand

Here is where the wrinkle in the law that sort of grinds my gears if you will.  By law, a person wearing a bikini featuring the flag could be arrested.  However, there is no record of the police ever doing this.  The problem comes when someone like Kid Rock is showing his pride by wearing the flag as a cape, vs when someone at a protest is deciding to step on, burn or desecrate the flag in any way.  Those people are protected by law for that protest.  Suzy hanging down at Broadwater wearing a bikini could be enjoying the fireworks from the crowbar motel just for a two-piece that flaunts her backside.  Is that right?

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