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Get Smart On The Freedom to Display the American Flag Act of 2005

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On July 24, 2006, the President signed the “Freedom to Display the American Flag Act of 2005” into law which is an act to ensure that the right of an individual to display the flag of the United States on residential property not be abridged.

The act was introduced on January 4, 2005 and passed the house on June 27, 2006.  The Freedom to Display the American Flag Act of 2005 passed the Senate with unanimous consent on July 17, 2006 and was ultimately signed into law by President George W. Bush on July 24, 2006

While the act states that:

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

The act also specifies that the flag must be displayed properly in accordance with:

any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law).”

You would think that as Americans, we would be able to display the American Flag anywhere we please as long as it is displayed in accordance with the United States Code listed above.  Unfortunately for many, the Freedom to Display the American Flag Act of 2005 also lists a limitation which allows condominium associations, cooperative associations, or residential real estate management associations to restrict the display of the American Flag based on “reasonable restrictions pertaining to time, place or manner of displaying the flag” to “protect the substantial interest of the associations“.

It is likely the limitation which allows the associations to restrict or limit the display of the American Flag to protect the “substantial interest of their associations” that is used by the associations in the battle that many Veterans and Americans in general have as they fight to display the American Flag on their property within an area controlled by an association.

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