
After hearing a Reno bar was flying a Mexican flag above a U.S. flag, an angered U.S. Army veteran took matters into his own hands, drove to the site and cut down the banners in front of a stunned group of Hispanic patrons.
Reno television station KRNV, which was there to document Jim Broussard's act of defiance, noted the U.S. code prohibits raising the flag of any other nations above Old Glory.
Broussard pulled up in his truck to the Cantina El Jaripeo near downtown Reno yesterday, cut the rope that anchored the flags and pulled them down from a makeshift flagpole.
Broussard, along with many news organizations, have reported the act was a violation of United States law. The American Civil Liberties Union has stated otherwise:
The ACLU of Nevada is concerned about recent media reports that it is "illegal" to fly foreign flags over the U.S. flag.
While there is indeed a federal law regulating the display of the U.S. flag, that law is merely advisory and simply codifies standard government practice in displaying the American flag.
Several federal courts have examined this law and held that the flag rules are not mandatory and cannot be enforced. Indeed, if the federal flag rules were mandatory, they would clearly violate the First Amendment, which protects every American's right to speak and express themselves, including their choice of flag to display.
While flying the Mexican flag above the American flag may not have been in violation of any laws, it was a blatant insult to American citizens. So far, there have been few questions about whether the gesture itself was disrespectful – that much is obvious. The arguments concern Broussard's method of flag removal.Local Reno news station KNRV's message board is active with debate from both sides. Here is a typical argument from the non-confrontational side:
While a law was broken and needed to be corrected, I believe a less forceful means may have helped to build a bridge of understanding rather than the forceful act of destruction of private property that was exacted.
Perhaps a boycott and picketing of the establishment would have impacted this business owners operation, or a verbal discussion of the fact that he had broken the law would have been better.
And from the other side:
I support the veteran who removed the American flag with his knife.
They don't deserve to get it back after illegally placing the Mexican flag above ours. If charges are brought against the veteran for theft, I anticipate a firestorm of protest.
This is disgraceful!
It seems that if Broussard acted in a less-confrontational manner, the issue would die at the local level. The direct manner in which he acted allowed the situation to receive national attention that it wouldn't have gained had he simply asked for the flag to be removed. It looks like his actions could be beneficial as a way to educate ignorant Americans, both documented and undocumented, about what it means to disrespect our flag.
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