What is the deal with the upside down American flag?
Recently, more U.S. flags have been spotted flipped around, leading some to question the actual purpose of the demonstration.
Be that as it may, the upside down American flag is not a new tradition.
In fact, the flag has been flipped around for decades and therefore features a long, controversial history.
Learn more about the meaning behind the upside down United States flag, below.
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Table of Contents
#1. What is the Meaning of the Upside Down Flag?
It may surprise many Americans that the United States flag has been flown upside down for years.
Today, modern America offers many different flag designs, each with its own unique purpose or meaning.
Accordingly, the upside down American flag represents a unique purpose in the history of the nation.
In the past, American flags have typically represented symbols of patriotism and are closely aligned with conservatives.
Nonetheless, American flags are also prominent with veterans and members of the Armed Forces.
Furthermore, the American flag is also utilized as a symbol of free speech and is often found in marches and protests.
As a result, the upside down flag is usually a form of peaceful protest, since it generally implies the nation is under duress.
Previously, the upside down American flag has largely been viewed as bi-partisan despite recent attempts by major political parties to identify it as their own form of self-expression.
However, this action does contradict U.S. federal law, which makes it illegal to hang a flag upside down “except as a signal of dire distress.”
Typically, this signal of distress was reserved for instances of extreme danger to life and property.
Nevertheless, the upside down American flag has recently gained more support among both liberals and conservatives.
#2. Upside Down Flag Explained
In the past, the right to freedom of speech, peacefully assemble, and petition the government against grievances are protected under the First Amendment.
Be that as it may, demonstrations involving the U.S. flag have been challenged in the past, such as burning the flag.
Nevertheless, the U.S. Supreme Court has typically sided with the rights of the people to express themselves through the American flag as long as it’s not “desecrated.”
So, attending peaceful marches and putting up yard signs critical of the government are protected by the First Amendment.
Still, First Amendment rights get murkier when citizens consider the U.S. Flag Code, a set of federal laws designed to protect the sanctity of the American flag.
According to the U.S. Flag Code, it violates federal law to hang the American flag upside down with stars at the bottom unless it represents:
“A signal of dire distress in instances of extreme danger to life or property.”
The U.S. Flag Code is punishable like any federal offense, yet it’s worth noting that most of these laws are rarely enforced.
Therefore, most citizens believe they have the right and freedom to drape the flag upside down in order to protest the U.S. government.
Consequently, many Americans on both sides of the political aisle have begun to flip the flag in an act of defiance.
Recently, upside down American flags have been spotted to protest both the Trump and Biden administrations.
Meanwhile, others have utilized the flag demonstration to protest recent Supreme Court decisions, like Dobbs v. Jackson Women’s Health Organization.
#3. History of Upside Down American Flag
Today, most Americans display the flag upside down as an act of defiance to signify the nation is in trouble.
Thus, it’s been recently utilized by both conservatives and liberals to represent their distrust or displeasure with the U.S. government.
Of course, this contradicts the U.S. Flag Code, which makes it illegal to display the flag in this manner unless it’s intended to signal dire distress.
In the past, most patriots who took this course of action did so during times of war, such as the American Civil War.
Currently, the action has been more closely linked to bashing the other political party or current presidential administration.
Often, the sign of protest has been attributed to a “banana republic” or tyrannical rule.
In fact, the upside down American flag has recently been displayed by Trump supporters and activists of Black Lives Matter (BLM).
So, conservatives are not the only group that have found the American flag to be a symbol of both patriotism and protest, in the past.
#4. U.S. Flag Code
The appearance of a United States flag dangling upside down may seem like a modern concept yet its origins run far deeper.
In fact, American citizens have been protesting the government through the use of flags for decades.
The symbol of an American flag as a form of rebellion or resistance was especially prominent during the Civil Rights Movement in the 1960s and 70s.
However, the numerous variations of the American flag now present in society is a relatively new concept.
Nonetheless, legislators have foreseen how conflicts may arise regarding how to properly display the American flag.
Thus, the U.S. Flag Code was established in 1942 to create a set of rules regarding the proper uses and purposes of the American flag.
Accordingly, the U.S. Flag Code created several guidelines, including:
- It should never be carried flat or horizontally.
- The preferable way to retire an American flag is by burning it or burying it.
- The American flag should never be dipped to any person or thing.
- It should never touch anything physically beneath it and should be permitted to fall freely.
- The flag should never be upside down, except to “signal distress” or “great danger.”
Despite a federal law that restricts citizens from hanging the flag upside down, many of these codes are ignored, and they’re rarely enforced.
For example, the federal law that forbids the American flag from being worn as apparel or for carrying objects is regularly neglected.
Moreover, the flag is technically not supposed to be used for advertising purposes, which is another frequent violation of the U.S. Flag Code.
Therefore, many Americans believe in the modern era that it’s within their personal rights and liberties to hang the flag upside down.
FAQs: Upside Down Flag Meaning
Do you have questions about how to properly display the American flag?
Here are some frequently asked questions regarding hanging the flag upside down:
#5. What does it mean to hang the U.S. flag upside down?
The U.S. Flag Code only authorizes the use of an upside down flag as “a signal of dire distress in instances of extreme danger to life or property.”
Nevertheless, many Americans ignore the federal restriction and continue to protest the government in this manner.
Today, most protestors associate the upside down flag with the nation heading in the wrong direction, or being under the control of the wrong political party.
#6. Is it illegal to hang the flag upside down?
Yes, the U.S. Flag Code specifically outlaws the upside down hanging of the flag aside from times of extreme duress.
Be that as it may, the upside down version of the flag is becoming more pronounced among both conservatives and liberals.
Recently, protestors have draped the flag upside down at Black Lives Matter protests and demonstrations against both the Trump and Biden administrations.
It’s worth mentioning that illegal uses of the American flag are rarely prosecuted or punished.
#7. Does the Supreme Court support upside down flags?
While the U.S. Supreme Court has not directly ruled on this representation of the flag, it has on other controversial matters.
In fact, the Supreme Court has repeatedly defended flag burning as a personal right protected under the First Amendment of the U.S. Constitution.
So, most citizens believe that it’s within their personal liberties and freedoms to display the flag how they so choose.
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Conclusion
The American flag is both a symbol of patriotism as well as a representation of rebellion and defiance.
Accordingly, the upside down version of the American flag is considered a peaceful form of protest.
It represents that the country is in distress and heading in the wrong direction.
Thus, the upside down American flag has been used in the past to protest presidential administrations and Supreme Court decisions.
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Thank you very much for this insight. Your expertise at addressing this ongoing debate is very informative and interesting.
Flag is always flat or horizontal at football games
Federal law generally only applies within the territories where Congress holds exclusive legislative authority. See Art. 1, sec. 8, clause 17 and Art. 4, sec 3, clause 2 of Constitution. Only federal laws that are within section 8 and a few Amendments are within the powers of Congress over the States of the union. People are fooled by Congresses use of the third meaning of the term United States which only means the territory that a federal law holds jurisdiction. It is not the same meaning as the constitution. 4 USC sec 111 provides the federal laws regarding the flag and its use by federal government agencies and groups. This is evident in the Executive Order within. Executive Orders are rules for government personnel, not USA citizens.