Has Undersheriff Andy Zinke committed a misdemeanor under the Federal U.S. Flag Code?
On September 15 his political campaign sent an email regarding his petitions to run for Sheriff of McHenry County, Ill. At the bottom of the message appears the image of the U.S. Flag. Notice that his wording is "Zinke Sheriff", not "Zinke for Sheriff".
Section 3 of the U.S. Flag Code, as described www.usflag.org, follows:
Title 4, "§ 3. Use of flag for advertising purposes; mutilation of flag
Any person who, within the District of Columbia, in any manner, for exhibition or
display, shall place or cause to be placed any word, figure, mark, picture, design,
drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign
of the United States of America; or shall expose or cause to be exposed to public view
any such flag, standard, colors, or ensign upon which shall have been printed, painted,
or otherwise placed, or to which shall be attached, appended, affixed, or annexed any
word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or
who, within the District of Columbia, shall manufacture, sell, expose for sale, or to
public view, or give away or have in possession for sale, or to be given away or for
use for any purpose, any article or substance being an article of merchandise, or a
receptacle for merchandise or article or thing for carrying or transporting merchandise,
upon which shall have been printed, painted, attached, or otherwise placed a
representation of any such flag, standard, colors, or ensign, to advertise, call
attention to, decorate, mark, or distinguish the article or substance on which so placed
shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding
$100 or by imprisonment for not more than thirty days, or both, in the discretion of the
court. The words 'flag, standard, colors, or ensign', as used herein, shall include any
flag, standard, colors, ensign, or any picture or representation of either, [Emphasis added] or of any
part or parts of either, made of any substance or represented on any substance, of any
size evidently purporting to be either of said flag, standard, colors, or ensign of the
United States of America or a picture or a representation of either, upon which shall be
shown the colors, the stars and the stripes, in any number of either thereof, or of any
part or parts of either, by which the average person seeing the same without deliberation
may believe the same to represent the flag, colors, standard, or ensign of the United
States of America"
What strikes me is that this advertising restriction appears to affect on those in the District of Columbia. Why would the national Flag Code be limited to D.C.? Why would not all persons throughout the United States be subject to the provisions and conditions of the U.S. Flag Code?
So maybe Zinke did not violate the Flag Code. In my opinion, though, he disrespects the U.S. Flag with his political advertising use of it.
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