It is common this time of year for the citizens of South Jersey to fly flags from their balconies, but one man’s flag is being ridiculed by his neighbors.
The flag looks just like an American flag, but the stars have been replaced with a picture of President Barack Obama’s face.
The man’s neighbors are objecting to the flag.
“I fought for that flag. I just don’t want the face,” said one neighbor.
“I don’t care if it’s a can of peas, it don’t belong on my American flag,” said another.
“I wanted to support the president of the United States,” answered Richard Clarkson, the man who purchased the flag.
The question is whether the flag is a defamation of the American flag, or the expression of a citizen’s right to support the President.
In March, there was an argument when veteran Jim Bradford noticed that the Lake County Democratic Party in Florida was flying the flag.
The flag is for sale here.
US Code Title 4 Chapter 1 pertains to the flag.
The latter part of section 3 defines a “flag” as that which is:
of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America.
Section 1 states:
The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars [Note: Section 2 provides for additional stars], white in a blue field.
Section 3 states:
Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court.