March 09, 2004

By: Zi Perry
Website: http://www.1st-in-flags.com

Caltrans's policy allowing only American flags

A federal judge today ruled unconstitutional the California Department of Transportation's policy allowing American flags, but no other banners, to be displayed on highway overpasses. Judge Ronald Whyte found that although fences on overpasses are not public forums for expression, CalTrans's policy was both impermissibly viewpoint-based and not reasonably related to the safety concerns the Department put forth to justify the policy.

"In view of the outpouring of patriotism and the spontaneous appearance of American flags, CalTrans' reluctance to remove such a potent symbol from highway overpasses is understandable. Yet ironically, it is the very potency of the symbol that causes CalTrans' practice to run afoul of the Constitution. Allowing the display of the American flag is acquiescing in expressive conduct, but acquiescing in expressive conduct of only one particular viewpoint," Judge Whyte wrote. In terms of the public safety argument, Judge Whyte held that CalTrans had failed to put forward any public safety concern that was not also raised by the hanging and display of flags.

CalTrans's policy was challenged by Santa Cruz residents Courtney and Cassandra Brown who twice had hung a banner reading "At What Cost?" on a fence on an overpass over State Highway 17. An American flag hung from the same fence. The banner was removed both times, but the flag was not. Although CalTrans denied removing the banner, the Department made clear that its policy was to remove all banners except for American flags During the court's hearing, CalTrans also admitted that it would have removed flags hung disrespectfully such as upside down or X-ed out. Courtney and Brown sued CalTrans for violating their First Amendment rights.

Also see: all flags of the world

About The Author:

Zi Perry is a successful author and regular contributor to http://www.1st-in-flags.com.  The flags of the world are symbols of recognition full of beauty and color for each country.