Is it legal to fly the American flag upside-down in Kansas?

Is it illegal or is it free expression?

TOPEKA (KSNT) - Controversy often follows when an American flag is spotted flying upside-down, but what rules and laws are associated with this action in Kansas?

The hot topic reappeared recently in a report from The Associated Press (AP) where it was revealed an upside-down American flag was flown over U.S. Supreme Court Justice Samuel Alito's home in 2021. This discovery has once again brought the charged issue into the national spotlight.

But what rules surround proper flag etiquette and is the action breaking any laws in Kansas? KSNT 27 News examined this issue and came up with the following answers.

Official U.S. flag code

The action of flying an American flag upside-down should never be done unless certain circumstances are present, according to the U.S. flag code. Doing so should only be done as a "signal of dire distress in instances of extreme danger to life or property." Many individuals who fly the flag upside-down often do so as an act of protest against U.S. authority.

Other forms of flying the American flag in a respectful manner include preventing the flag from touching anything below it, allowing it to fly freely without interference and not altering its official design. While the flag code demonstrates the proper ways to display the American flag and give it respect, violation of it is has been ruled as protected action under the First Amendment.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

First Amendment in the U.S. Bill of Rights

The U.S. Supreme Court has upheld a person's ability to fly the flag upside-down, such as in the case of Spence vs. Washington in 1974, as a protected form of free speech. You can learn more about proper flag etiquette on the websites of both the U.S. Department of Defense and the Veterans of Foreign Wars.

Kansas law

Kansas state law does not prevent flying the American flag upside-down. However, there is a 2012 statute defining criminal desecration which states the following:

"(A) Damaging, defacing or destroying the flag, ensign or other symbol of the United States or this state in which another has a property interest without the consent of such other person."

Article 61. - Crimes Against the Public Peace

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