Have you ever seen an American flag flying upside down? While seeing our beloved flag upside down can be a bit disturbing, there’s actually an interesting backstory behind the act.

Traditionally, flying a U.S. flag upside down has been a sign of distress or extreme danger for the country or for the person flying it. Today, however, people have begun using this old war cry in response to political uncertainty or as a way to show their unhappiness with the direction the country is heading.

Let’s explore more about what it means for people in the United States of America to fly the national flag upside down and what, if any, repercussions it may have.

What is the Meaning of the Upside-Down American Flag?

The meaning of the upside-down flag is different for everyone. For some, it could signify their life is in danger, while for others, it’s a sign of protest. While it’s an act of free expression, it’s important to remember how it could affect those who’ve served in the Armed Forces and how it can seem disrespectful to those who’ve sacrificed for our country’s freedoms. When considering whether to fly the flag upside down, consider all aspects including whether it’s legal or not.

The U.S. Flag Code

When it comes to understanding how to treat the American flag, it’s important to see what the United States Flag Code says. This document outlines the correct handling of the national flag and is a guide all Americans can follow.

But what is the U.S. Flag code, and why does it matter? The code was created by representatives from over 68 organizations throughout the country and led by the National Americanism Commission of the American Legion. While it was first published in 1923, it took over two decades before Congress voted to adopt it in 1942.

While the U.S. Flag Code contains many guidelines, its main point is to ensure respectful treatment of the American flag. According to the U.S. Flag code, the American flag should only be hung upside-down during times of grave danger or great distress.

While the Flag Code dictates the proper way to treat the flag, one keyword to pay attention to is “suggests.” While it was adopted by Congress, the Flag Code isn’t law. A person does not receive legal repercussions for violating the Flag Code.

While some people believe flying the flag upside down during a non-emergency is extremely disrespectful, it is not illegal, and the person cannot be punished for it. That said, it should only be done in instances where the person or their property is in extreme danger and should never be taken lightly.

Upside Down U.S. Flag as Free Expression

While in the past, flying an upside-down flag was typically done during war or a similar event, nowadays, it’s often used as a form of protest or means of free expression. Despite the U.S. Flag Code outlining appropriate circumstances for displaying the flag this way, many people mistakenly believe it is illegal.

Is Flying the Flag Upside Down Illegal?

No, believe it or not, flying the flag upside down isn’t illegal. The 1974 Supreme Court case Spence vs. Washington dealt with the concept of nonverbal speech and whether and when it was protected by the First Amendment.

It all started when Harold Spence, a Washington college student, placed peace symbols on the American flag and hung it upside down in his widow. He did this to protest the United States invading Cambodia. When the police saw it, they arrested him.

They charged Spence with improper use of the flag, and he was eventually found guilty by a jury. Following his verdict, Spence appealed to the Washington Court of Appeals, which overturned the conviction, saying that the ruling violated his First and Fourteenth Amendment rights.

Eventually, the case reached the Supreme Court. After hearing arguments, the Court determined that the act was protected under free speech and that flying the flag upside down was not an act of desecration or a call to violence.

In 2007, another man named Joseph Yamrus was arrested in Pennsylvania for flying an upside-down flag in front of his home. Unhappy with the government’s foreign policy in the Middle East, he chose to fly the flag upside down to show his distress and protest the Iraq War.

His neighbor called the police, who then told him to remove the flag or fly it correctly, saying what he was doing was illegal. When Yamrus refused, he was arrested. The charges were later dropped when the local magistrate ruled he hadn’t committed any crimes.

Other Famous Examples of Flying the Flag Upside Down

The Civil Rights Movement

As Martin Luther King Jr. led the Civil Rights Movement in the 1960s, African American activists would fly an upside-down American flag to protest segregation laws and racial injustice. The passage of the Civil Rights Act in 1964 proved their movement successful, but the flag is still occasionally flown upside down during social justice protests like the Black Lives Matter Movement.

Political Protests

The political landscape in America has never been more tense, as Americans choose between President Joe Biden and former President Donald Trump. The latest news and social media are full of stories of war, whether it’s between Ukraine and Russia or the Middle East. In response, people on both sides of the aisle are flying the flag upside down to signal a great rift in the country and to call on everyone to remember what it means to be an American.

What About the Rest of the World?

In all countries, flying the national flag upside down is a signal of distress. America isn’t the only place to use the upside-down flag as a sign of protest. Many citizens in Canada displayed an upside-down Canadian flag to speak against COVID-19 mandates. Whatever the reason, flying an upside-down flag is a decision that shouldn’t be taken lightly and should only be done when absolutely necessary.

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