Monday, January 2, 2012

Flag burning incident at Occupy Charlotte/Which states is it criminal to burn the flag




http://www.apfn.net/messageboard/06-16-06/discussion.cgi.52.html
Excerpt:
United States Executive Order 10834
GET THAT GOLD FRINGE OFF MY FLAG!
Thu Jun 15, 2006 01:58

GET THAT GOLD FRINGE OFF MY FLAG!

ENTER:


Flags
GOLD FRINGED FLAG

The flags displayed in State courts and courts of the United States have gold or yellow fringes. That is your WARNING that you are entering into a foreign enclave, the same as if you are stepping into a foreign embassy and you will be under the jurisdiction of that flag. The flag with the gold or yellow fringe has no constitution, no laws, and no rules of court, and is not recognized by any nation on the earth, and is foreign to you and the United States of America. more information

MILITARY FLAG WITH THE GOLD FRINGE

Martial Law Flag "Pursuant to 4 U.S.C. chapter 1, §§1, 2, & 3; Executive Order 10834, August 21, 1959; 24 F.R.6865; a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE border on three sides. The President of the United States designates this deviation from the regular flag, by executive order, and in his capacity as Commander-in-Chief of the military. The placing of a fringe on the national flag, the dimensions of the flag and the arrangement of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as Commander in Chief of the Army and Navy." 34 Ops. Atty. Gen. 83.

President, Dwight David Eisenhower, by Executive Order No.10834, signed on August 21, 1959 and printed in the Federal Register at 24 F.R. 6865, pursuant to law, stated that: "A military flag is a flag that resembles the regular flag of the United States, except that it has a yellow fringe border on three sides."

http://fgcp.org/content/another-united-states-government
Excerpt:
The second flag standing there next to the President's desk has a gold fringe around it.  Those of us who have been in the military saw this flag in all public places.  This flag does not "stand for the Republic,"  but stands for the U.S. Government, which includes Washington, the District of Columbia, federal enclaves such as U.S. District Courts, etc., and those islands of the sea that are territories owned by The District.  It is the lawful International U. S. Government.  It operates the Army, Navy and any other entity with the term U. S. in front of it.  So, if you claim to be a U. S. Citizen, or U. S. Individual or U. S. Taxpayer, the gold fringed flag and its people have international military jurisdiction over you, and technically you retain none of the Rights protected by the Constitution of the Republic.

http://www.newswithviews.com/Barnewall/marilyn168.htm
Excerpt:
So, when you enter your local courtroom and find a yellow-fringed flag, you may want to seriously question under what laws people who appear in that courtroom are being tried: The U.S. Constitution? Or, the U.S. Military? Or, Maritime Law? Or, the Uniform Commercial Code (corporate law)?
Admiralty law tells us that when you see a flag, you need to understand that in areas where a flag is “four cornered,” you are being told which laws dominate that space. We are governed by the laws of the country the flag represents. According to President Eisenhower, gold-fringed flag tells us we are under the rules and regulations of the military force that flies the flag.

http://www.powerlineblog.com/archives/2011/12/flag-burning-at-occupy-charlotte.php
Excerpt:

Flag Burning at Occupy Charlotte

We haven’t paid much attention to the Occupiers lately; nor, for the most part, has anyone else. But every now and then they continue to endear themselves to the American public. Like last night, when four members of Occupy Charlotte–including their media spokesman!–burned two American flags next to their encampment:
Officers said they noticed the suspects lighting something on fire directly in front of the Occupy camp along Trade Street around 12:30 a.m. Friday morning.
http://www.charlotteobserver.com/2011/12/31/2886318/4-men-charged-with-arson-after.html
Excerpt:
4 charged after 2 U.S. flags burned at Occupy Charlotte site
By Elisabeth Arriero and Steve Lyttle
earriero@charlotteobserver.com, slyttle@charlotteobserver.com
By Elisabeth Arriero and Steve Lyttle The Charlotte Observer
Posted: Saturday, Dec. 31, 2011
Modified: Saturday, Dec. 31, 2011 Slideshow
« Prev  of 5Next »
Members of Occupy Charlotte gather before a General Assembly meeting at 7 p.m. on Friday, Dec. 30, 2011. Elisabeth Arriero - elisabetharriero@charlotteobserver.com
Jason Bargert
http://media.charlotteobserver.com/smedia/2011/12/30/12/52/Vzx1v.Em.138.jpg%7C240Michael Behrle
http://media.charlotteobserver.com/smedia/2011/12/30/12/53/Ltgy8.Em.138.jpg%7C240Stephen Morris
Alex Tyler
An Occupy Charlotte member who was jailed after helping burn two U.S. flags told other members late Friday that while he's sorry for the trouble it may have caused the movement, he's not sorry for what he did.
"Those were actions taken on my own behalf," Alex Tyler said at a camp meeting. "I did it to display my utter contempt for American greed, not (the military)."
Tyler, 19, of Fort Mill was among four Charlotte-area men charged Friday when police say they burned two U.S. flags at the organization's camp site in the uptown area. Two were members of the Occupy Charlotte group.

http://en.wikipedia.org/wiki/Flag_desecration#United_States
Excerpt:
United States
The flag of the United States is sometimes symbolically burnt, often in protest of the policies of the American government, both within the country and abroad. The United States Supreme Court in Texas v. Johnson, 491 U.S. 397 (1989), and reaffirmed in U.S. v. Eichman, 496 U.S. 310 (1990), has ruled that due to the First Amendment to the United States Constitution, it is unconstitutional for a government (whether federal, state, or municipality) to prohibit the desecration of a flag, due to its status as "symbolic speech." However, content-neutral restrictions may still be imposed to regulate the time, place, and manner of such expression.
In 1862, during the Union army's occupation of New Orleans in the American Civil War, the military governor, Benjamin Franklin Butler, sentenced William B. Mumford to death for removing an American flag. In 1864 John Greenleaf Whittier wrote the poem Barbara Frietchie, which told of a (probably fictional) incident in which Confederate soldiers were deterred from defacing an American flag. The poem contains the famous lines:
"Shoot, if you must, this old gray head,
But spare your country's flag," she said.
During the United States involvement in the Vietnam War American flags were sometimes burned during anti-war protest demonstrations.[63]
After the Johnson and Eichman decisions, several flag burning amendments to the Constitution were proposed. On June 22, 2005, a Flag Desecration Amendment was passed by the House with the needed two-thirds majority. On June 27, 2006, another attempt to pass a ban on flag burning was rejected by the Senate in a close vote of 66 in favor, 34 opposed, one vote short of the two-thirds majority needed to send the amendment to be voted on by the states.[64]
Flying an American flag upside down is not necessarily meant as political protest. The practice has its origin in a military distress signal; displaying a flag in this manner is "a signal of dire distress in instances of extreme danger to life or property";[65] it has been used by extension to make a statement about distress in civic, political, or other areas. Upside-down flying of the flag was ruled constitutional in Spence v. Washington, a 1974 Supreme Court ruling.

http://www.ushistory.org/betsy/faq.htm
Excerpt:
Beginning in the late 19th century, the use of the flag on beer bottles and other products led to a movement to protect the flag from commercial use. Efforts at the federal level failed, so states, one by one, started passing their own Flag Codes, beginning with Illinois, Pennsylvania and South Dakota.
In the case of Halter vs. Nebraska (1923), the Supreme Court ruled 8-1 that state governments have the authority to ban desecration of the American flag.
Several efforts followed trying to unify the various state codes into one Federal Flag Code, which occurred in 1942 (see above).
The American Legion has been promoting flag etiquette since its founding in 1919. The Veterans of Foreign Wars has long advocated proper respect for the flag.
Adoption of State Flag Desecration Statutes — By the late 1800's an organized flag protection movement was born in reaction to perceived commercial and political misuse of the flag. After supporters failed to obtain federal legislation, Illinois, Pennsylvania, and South Dakota became the first States to adopt flag desecration statutes. By 1932, all of the States had adopted flag desecration laws.
In general, these State laws outlawed:
  • Placing any kind of marking on the flag, whether for commercial, political, or other purposes;
  • Using the flag in any form of advertising; and
  • Publicly mutilating, trampling, defacing, defiling, defying or casting contempt, either by words or by act, upon the flag.
Under the model flag desecration law, the term "flag" was defined to include any flag, standard, ensign, or color, or any representation of such made of any substance whatsoever and of any size that evidently purported to be said flag or a picture or representation thereof, upon which shall be shown the colors, the stars and stripes in any number, or by which the person seeing the same without deliberation may believe the same to represent the flag of the U.S.

http://www.netstate.com/states/symb/flags/ca_flag.htm
Excerpt:
The current California State Flag, adopted by the state legislature in 1911, is based on the original Bear Flag raised by pioneering Americans over Sonoma in 1846. The star was taken from the lone star of Texas. The Bear was representative of the numerous Grizzly Bears in the state and the words "California Republic" testify to the feisty American pioneers who settled in the territory.

Excerpt:
The United States Flag Code establishes advisory rules for display and care of the flag of the United States. It is Chapter 1 of Title 4 of the United States Code (4 U.S.C. § 1 et seq). This is a U.S. federal law, but there is no penalty for failure to comply with it and it is not widely enforced—indeed, the U.S. Supreme Court has ruled that punitive enforcement would conflict with the First Amendment right to freedom of speech.
This etiquette is as applied within U.S. jurisdiction. In other countries and places, local etiquette applies.

 


[edit] Standards of respect


Marines and a sailor aboard USS Nassau practice folding a flag.
  • The flag should never be dipped to any person or thing, unless it is the ensign responding to a salute from a ship of a foreign nation. This is sometimes misreported as a tradition that comes from the 1908 Summer Olympics in London, where countries were asked to dip their flag to King Edward VII: American team flag bearer Ralph Rose did not follow this protocol and teammate Martin Sheridan is often, though apocryphally, stated as proclaiming that "this flag dips before no earthly king."[1] This tradition was codified as early as the 1911 U.S. Army drill regulations.[2]
  • The flag should never be displayed with the union (the starred blue union) down, except as a signal of dire distress in instances of extreme danger to life or property.[3]
  • The flag should not be used as "wearing apparel, bedding, or drapery",[4] or for covering a speaker's desk, draping a platform, or for any decoration in general (exception for coffins). Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.
  • The flag should never be drawn back or bunched up in any way.
  • The flag should never be used as a covering for a ceiling.
  • The flag should never be used for any advertising purpose. It should not be embroidered, printed, or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard.
  • The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.[5]
  • The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, firefighters, police officers, and members of patriotic organizations.
  • Flag lapel pins may also be worn (they are considered replicas) and are worn near the heart.
  • The flag should never have placed on it, or attached to it, any mark, insignia, letter, word, number, figure, or drawing of any kind.
  • The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
  • The flag should never be stepped on.
  • In a parade, the flag should not be draped over the hood, top, sides, or back of a vehicle, railroad train, or boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.[6]
  • When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously.
  • The flag should be cleaned and mended when necessary.
  • If the flag is being used at a public or private estate, it should not be hung (unless at half staff or when an all weather flag is displayed[7]) during rain or violent weather.
  • When a flag is so tattered that it can no longer serve as a symbol of the United States, it should be destroyed in a dignified manner, preferably by burning. The American Legion, Boy Scouts of America,[8] Girl Scouts of the USA[9] and other organizations regularly conduct dignified flag-burning ceremonies, often on Flag Day, June 14.
  • The flag should never touch anything beneath it. Contrary to an urban legend, the flag code does not state that a flag that touches the ground should be burned. Instead, it is considered disrespectful to the flag and the flag in question should be moved in such a manner so it is not touching the ground.[10]
  • The flag should always be permitted to fall freely. (An understandable exception was made during the Apollo moon landings when the flag hung from an extensible horizontal bar, allowing full display even in the absence of an atmosphere.)[11]
http://atheism.about.com/od/flagburningcourtcases/a/HalterNebraska.htm
Excerpt:
Contemporary efforts to “protect” the American flag from “desecration” focus on burning the flag in political protests, but the earliest such laws focused on use of the flag to sell merchandise commercially. Many states and municipalities passed laws banning “base” uses of the American flag in commerce. The Supreme Court decided in the case of Halter v. Nebraska that such laws were constitutional; today many remain on the books, though few people seem to realize this.

http://www.ushistory.org/betsy/wallofshame.htm
Excerpt:

American Flag Wall of Shame


This page contains ordinary instances where the Flag is being shown disrespect or where the Flag Code is being violated, either thoughtlessly or carelessly. This page is not for politically motivated violations. And it is not for pictures of tattered flags on display (which are unfortunately all too common); however if the tattered display is extraordinary in its severity, location or other notable way, then we will consider posting it. If you have a picture you would like to share, email us the picture with a brief description, and how you want to be credited. We will add the relevant section of the Flag Code. Posting of pictures is at our discretion.
topgear
This is a screen shot from promotional videos on the History Channel for BBC's hit show Top Gear. Is there anyone you know associated with the History Channel who could intervene with or remove this image? In the least, I would nominate it for inclusion in your infamous "Wall of Shame".
Submitted by Bill Jameson
"The flag should not be ... allowed to touch the ground." (Flag Code, Section 7n)

http://www.sovereign-citizenship.net/11_fringe.html
Excerpt:

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