July 3rd, 2017 at 10:49 am
Answer: Yes, but keep reading. The United States Flag Code provides the rules for the respectful display and care of the U.S. flag. Under the Flag Code, the “flag should never be used for advertising purposes in any manner whatsoever.” More specifically, advertising signs, such as a business card, “should not be fastened to a staff” from which the flag is flown.
The Flag Code is part of federal law. However, in 1990, the U.S. Supreme Court, in a highly controversial case, decided that the burning of the U.S. flag in public protest was constitutionally protected under our First Amendment right to free speech. That decision generally rendered the Flag Code as merely advisory in nature, although political speech, such as public protest, receives greater protection under the First Amendment as compared to commercial speech, such as advertising.
Hence, the real estate agent’s practice of distributing flags with her business cards is technically wrong, but unlikely to be prohibited by law. However, before she distributed the flags, I hope she at least considered whether some people in her target audience would find her advertising tactics to be offensive or in poor taste.
Have a happy and safe July 4th in the land of the free and the home of the brave.
Copyright© 2017 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of July 3, 2017. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.
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