New law criminalizes unauthorized flags on public property, allows 9/11 commemorative flag

State Senator Gerald Allen from Tuscaloosa has recently introduced a bill that would make it a criminal offense to display specific flags on public property in Alabama. The proposed legislation aims to restrict the flying of certain flags.

One of the initial bills presented for the 2024 legislative session is Senate Bill 4. This bill proposes that placing, hoisting, or displaying a flag on public property would be considered a Class C misdemeanor, except for 11 specific cases, which includes the United States flag and the Boy Scouts of America flag.

Allen highlights that the Freedom Flag, a flag that was created in November 2001 to commemorate the 9/11 tragedy, was among the most significant exemptions to the new law.

According to Alabama Daily News, Allen believes that it’s crucial to remember the Freedom Flag because it holds significant value in American history. He stated, “Not one of us needs to forget” the importance of this flag.

“It’s crucial for our young people to understand the significance of 9/11. The world doesn’t share the same beliefs as Americans, and there are those who seek to harm our country and nation. We must remember the events of that day and honor those who lost their lives.”

Allen believes that 9/11 was a pivotal moment in American history. He hopes that by increasing the prevalence of the Freedom Flag on public property, younger generations in Alabama will be reminded of the sacrifices made since the devastating attack on the World Trade Center.

ADN was told by him that it is crucial to keep reminding our citizens and children that such incidents should never happen again.

Allen clarified that his intention was not to violate the First Amendment by criminalizing the act of waving unapproved flags on public property. He acknowledged that flying flags on public property has been considered a protected activity under the First Amendment, and his proposal was not meant to contradict this ruling.

Allen stated to ADN on Tuesday that individuals have the right to protest or display a Trump or Biden sign on public property as per the First Amendment. He emphasized the importance of upholding constitutional rights and avoiding any infringement on them.

According to Allen, he plans to seek guidance from his legal team to ensure that his proposal does not violate the First Amendment. As it stands, the bill would make it illegal to hoist any flags that are not authorized on public property. It is important to note that roads, highways, stadiums, arenas, and athletic facilities would be exempt from this rule.

Under the bill, the following flags are allowed to be flown on public property:

- The national flag of the United States;
- The official flag of any nation or state that preceded the United States or the State of Alabama in controlling any territory currently constituting the State of Alabama;
- The official flag of any state, territory, or district of the United States;
- The official flag of any municipality in this state;
- The official flag of the Boy Scouts of America;
- The official flag of the Girl Scouts of the United States of America;
- The official flag of the American Red Cross;
- The American Ex-Prisoner of War flag;
- The National League of Families POW/MIA flag;
- The Freedom Flag;
- Any other flag, standard, colors, or ensign approved by the entity in control of the property.

Other states have also proposed bills similar to this, like the one in Florida which aimed to limit the display of flags on government property to only the state flag, the U.S. flag, the POW-MIA flag, or the firefighter memorial flag. Unfortunately, this bill didn’t make it through the Florida Legislature’s Constitutional Rights Subcommittee and was not enacted into law.

Communities in Ohio, New York, and Utah have witnessed more localized endeavors to constrain the exhibition of certain flags on public property. In some school districts, the display of Pride flags has been entirely prohibited.

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