Tenant loses right to fly foreign flag
Rent it Right

By Janet Portman - Inman News

Q: I'm a renter in a condo complex. My neighbor, who is also a renter, has two large American flags flying from his balcony and front entrance area. I'd like to show my support of my native country by flying its flags, but when I put them up, the homeowners association told me to take them down. Why the double standard -- isn't this a violation of my freedom of speech? --Miriam W.

A: Yes, it's a double standard, but in your situation, it's probably legal. Under federal law, condominium associations, homeowners associations and residential real estate management associations may not forbid the display of the American flag (Freedom to Display the American Flag Act of 2005, 4 United States Code Annotated, Section 3). These associations may, however, enact other rules concerning outdoor displays, and regularly do. A prohibition against the display of foreign flags would probably not be thrown out by a judge. As for your First Amendment rights, remember that the Bill of Rights concerns what government may and may not do with our individual liberties. Since this is a private landowners' rule and there's no government involvement, the Bill of Rights won't help you.

By the way, the outcome might be different if you and your neighbor were not renting in a planned community. The Flag Act applies only to these communities, and not to other properties. In a non-planned-unit-development setting, if the two landlords forbade the flying of any flags, you both would have a hard time successfully challenging that rule.

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All ready to dishonor the American flag and assert first amendment rights. I wonder if this idiot is an American citizens who misses their homeland? These people want all of perks the US has to offer but their love and respect stays with their cesspool of birth.

Somebody help me to understand this insanity.