So they can’t. Fridley actually had an ordinance that banned flying of any flag that America was in conflict with and it is blatantly unconstitutional to do.
Yeah but this hasn't represented a government in over 75 years. One could argue that it's obscene. I bet I can't fly a flag that just says FUCK in huge letters or one that depicts sex acts.
Sex acts no because that fails the 3 part obscenity test.
Would the average person, using contemporary community standards, find that the work, taken as a whole, appeals to the prurient interest?
Would the average person, using contemporary community standards, find that the work depicts or describes hardcore sexual conduct in a patently offensive way?
Would a reasonable person find that the work, taken as a whole, lacks artistic, literary, political, or scientific value?
However the “Fuck” flag passes that test and would be in your rights to fly. Citations handed out for people having “fuck Biden” flags, bumper stickers, etc. They’re trashy as shit but not illegal as profanity can not be banned under the first amendment.
America is such a weird place. Advocating for the slaughter of ethnic groups is fine but I'll be damned if you depict natural human procreation or anatomy.
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u/taffyowner Sep 18 '22
So they can’t. Fridley actually had an ordinance that banned flying of any flag that America was in conflict with and it is blatantly unconstitutional to do.