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Freedom to Display the American Flag Act of 2005

The Daily Flag referenced this legislation in a previous article. Now is a good time to print the document. Scroll down for the entire text of (House Resolution) H.R. 42, signed into Public Law 109-243 by President George W. Bush on July 24, 2006. This links to a summary of the bill from the Library of Congress, which shows the timeline and legislative history of the bill.

[DOCID: f:publ243.109]

[[Page 120 STAT. 572]]

Public Law 109-243
109th Congress

An Act

.
To ensure that the right of an individual to display the flag of the United States on residential property not be abridged. NOTE: July 24, 2006 – [H.R. 42]

Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, NOTE: Freedom to Display the American Flag Act of 2005.

SECTION 1. NOTE: 4 USC 5 note. SHORT TITLE.

This Act may be cited as the “Freedom to Display the American Flag Act of 2005”.

SEC. 2. NOTE: 4 USC 5 note. DEFINITIONS.

For purposes of this Act–
(1) the term “flag of the United States” has the meaning given the term “flag, standard, colors, or ensign” under section 3 of title 4, United States Code;
(2) the terms “condominium association” and “cooperative association” have the meanings given such terms under section 604 of Public Law 96-399 (15 U.S.C. 3603);
(3) the term “residential real estate management association” has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
(4) the term “member”–
(A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association;
(B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and
(C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.

US Flag Flying 1SEC. 3. NOTE: 4 USC 5 note. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

[[Page 120 STAT. 573]]

SEC. 4. NOTE: 4 USC 5 note. LIMITATIONS.

Nothing in this Act shall be considered to permit any display or use that is inconsistent with–
(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or
(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

Approved July 24, 2006.

LEGISLATIVE HISTORY–H.R. 42:
—————————————————————————

CONGRESSIONAL RECORD, Vol. 152 (2006):
June 27, considered and passed House.
July 17, considered and passed Senate.

5 thoughts on “Freedom to Display the American Flag Act of 2005

  1. […] boundaries for flying the flag, but they can not ban it completely according to law. The Freedom to Fly the American Flag Act of 2005 covers this situation. American flag banned from senior apartment complex | KGET BAKERSFIELD – The […]

  2. […] flying a U.S. flag outside a resident’s home. However, this is from HR42, which when signed into law, allows Assoc. reasonable […]

  3. […] National Flag Law Mirrors Community Associations Institute Public Policy. […]

  4. […] another story of an apartment complex who ordered two tenants to remove their U.S. flags. The Freedom to Fly bill provides for reasonable requirements, but cannot completely restrict displaying the flag. […]

  5. […] part of her private space, and now they are suing her. I guess James doesn’t know about the Freedom to Display the American Flag Act of 2005. What this legislation would tell her, is that she is going to lose this […]

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