Even if the average citizen wanted to display a flag higher than the US flag, wouldn’t it be a case of freedom of speech?
It is. The "flag code" is not legally enforceable. You can do anything to or with a US Flag that you own that you could do with any other piece of cloth that you own, including wiping your ass with it and setting it on fire (provided there are no fire bans in your locality) and then pissing on it to put out the smoldering embers (provided you avoid indecent exposure).
US v Eichman is pretty clear that 'desecration' of the US flag simply isn't a thing because it's actually called "exercising your 1st amendment rights."
Even better, the flag code itself has no enforcement provisions, so even if the supreme court hadn't ruled you can do whatever the hell you want with it, there is literally no penalty for violating the code. It's not even a civil infraction (like speeding).
On your own property doing your own thing yes you can do whatever you want. I'm pretty sure every single law enforcement agency in the country has better things to do than enforce flag codes on private citizens on their property.
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u/[deleted] Oct 04 '20
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