Donald Trump has said it’s not right that U.S. flags will be lowered during his inauguration, and accused Democrats of being “giddy” about it.
Now, some of the President-elect’s most vocal supporters have suggested eschewing flag protocol and raising their flags on Jan. 20 when Trump is sworn in as the 47th President.
Outgoing President Joe Biden ordered U.S. flags to be flown at half-staff through Jan. 28, to honor former President Jimmy Carter who died in late December.
U.S. Flag Code spells out that flags should be lowered for 30 days when a former or current president dies.
But, while the U.S. Flag Code guides proper display and compliance with half-staff declarations, it is not enforceable law, leaving individuals to make their own decisions about whether to follow protocol.
Trump has said “nobody wants to see this,” about U.S. and state flags being at half-mast during his inauguration. It would be the first time that a president takes the oath of office on Inauguration Day under lowered flags.
Some Trump supporters are calling for flags to be raised on Jan. 20, and are pushing the idea of raising their own displayed flags for the day.
But could defying the flag-lowering order bring legal consequences?
In short, no.
State and federal guidelines emphasize respecting flag protocol, but the Supreme Court has long held that flag desecration is a First Amendment right.
In Pennsylvania and Delaware, state laws deem it a misdemeanor to desecrate the flag. In New Jersey, it’s illegal to fly the flag of a foreign or enemy nation.
And while many states have laws that bar destroying or desecrating the flag, none have rules that require following half-staff declarations.
So, yes, you can raise your state and U.S. flags to full-staff on Inauguration Day.
