(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.

Then, flying the flag upside down as a symbol of distress may have been over the top. How about putting up a sign and try to gain public support that way?

That would probably be more effective. However, you’re not obligated to be effective in your messaging (excepting misleading advertising), and you’re not to be penalized by the state for ineffective speech.

Mr. Congine is being disingenuous when he claims trespass. You don’t send out a cry for help and then claim trespass when help arrives.

Did they ask him what the problem was and how they could help? No, they went in and took the flag because they didn’t like it. This would be akin to calling 911 and having the responders come into your house, drink all your beer and then leave. Swing and a miss.

Mr. Congine is being disingenuous when he claims trespass. You don’t send out a cry for help and then claim trespass when help arrives.

Normally when you call 911 for help, “real” or not, the authorities don’t seize your phone once they arrive and don’t like what they find.

It would have made me curious and I would have tried to find out what the flag-fliers point was that he was trying to make.

Then, flying the flag upside down as a symbol of distress may have been over the top. How about putting up a sign and try to gain public support that way?

actually, he’s American…the right isn’t earned, its recognized.

/

I R A Darth Aggie on July 11, 2009 at 6:24 PM

I like the arguement. Don’t call for help and then complain when the help arrives.

Nice shot.

As has already been pointed out, flying the flag upside down is a distress signal.

This is akin to yelling, “FIRE!” in a crowded theater.

Kevin from Ohio in V on July 11, 2009 at 8:57 PM

That isn’t the sole reason to fly the flag upside down. It’s also a protest aimed at the government for putting the country in distress. Still, it really doesn’t fit in this case, but it did get him attention that’s for sure.

This is akin to yelling, “FIRE!” in a crowded theater.

I R A Darth Aggie on July 11, 2009 at 6:24 PM

hmm, seem to remember a quote from Reagan…..something along the lines be wary of “we’re from the government and we are here to help.”
A distress to property is fitting…he was calling out a distress signal to the people…not to the police.

Update: I agree with the commenters who say that this was a pretty insipid way to protest a liquor license denial. That’s hardly a national crisis. However, under the First Amendment, people have a right to protest, even in insipid ways … which we see pretty much every day.

Cap’n, the distress signal of a flag upside down flows from the naval tradition and was never meant to indicate, “a national crisis.” That is a misuse of the flag and the distress signal. It also wasn’t meant as a means of protesting a liquor license.

Whether flown over a fort, a town, a ship, or a home. It was meant as a short term signal for help!

It is simply not a valid symbol of, “protest.”

That it is used as such, even by some conservatives under the Obamanation is disrespectful to the tradition and meaning of the flag.

“”I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”
(Quaint little pledgey thing we used to say every now and again.)
David

Quoting Title 36, U.S.C., Chapter 10 As amended by P.L. 344, 94th Congress Approved July 7, 1976, Section 176:

(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.

Mr. Congine is being disingenuous when he claims trespass. You don’t send out a cry for help and then claim trespass when help arrives. Now, they shouldn’t have seized his flag, but he should have flown it correctly, or he could have flown a Culpepper, Gadsden or the first Navy jack with the Don’t Tread on Me rattlesnake in any orientation he wished.

Flying a flag upside down is a distress symbol. They should have mobilized the entire police force, ambulances, fire department, and every first responder. Then when they found it was for protest, sent him a huge bill.

It’s like pulling a fire alarm with no fire.

rightside on July 11, 2009 at 9:52 AM

My sentiments exactly — About 2 years ago I rolled down my window with phone in hand and asked a kid in the next car if he needed me to call 911. He looked stunned, ask what for. I pointed out that his flag decal upside down was a symbol of imminent distress and asked if he was sure he didn’t need the police. Then the light changed and he drove off in his blissful liberal cocoon.

Like pulling a fire alarm.
David

But when it came time to get the license, after Congine invested more than $180,000 into the building and renovations, the board said no citing the economy and other concerns.

Because when the economy is bad it is the job of the government to restrict a small business owner’s ability to earn a profit.