02-19-2012, 01:53 AM
(10) by striking out section 3(m) and inserting in lieu thereof the following:
‘‘(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. As used in this subsection—
‘‘(1) the term `half-staff´ means the position of the flag when it is one-half the distance between the top and bottom of the staff;
‘‘(2) the term `executive or military department´ means any agency listed under sections 101 and 102 of title 5, United States Code; and
‘‘(3) the term `Member of Congress´ means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.’’;
I don't see anything in the Flag Code as made public law by Congress that requires a State Governor to order Old Glory flown half staff for a private citizen.
Flag Code made Public Law by Congressional Act ( as amended 1976 )
However, the Supreme Court would defend the action in defense of Free Speech.
It is quite interesting to witness as many convenient advocates of the Flag Code demean a Republican Governor for not upholding the rules of same TO THE LETTER and then turn around and hypocritically ignore that same flag code as it applies to the Pledge of Allegiance.
‘‘(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. As used in this subsection—
‘‘(1) the term `half-staff´ means the position of the flag when it is one-half the distance between the top and bottom of the staff;
‘‘(2) the term `executive or military department´ means any agency listed under sections 101 and 102 of title 5, United States Code; and
‘‘(3) the term `Member of Congress´ means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.’’;
I don't see anything in the Flag Code as made public law by Congress that requires a State Governor to order Old Glory flown half staff for a private citizen.
Flag Code made Public Law by Congressional Act ( as amended 1976 )
However, the Supreme Court would defend the action in defense of Free Speech.
It is quite interesting to witness as many convenient advocates of the Flag Code demean a Republican Governor for not upholding the rules of same TO THE LETTER and then turn around and hypocritically ignore that same flag code as it applies to the Pledge of Allegiance.