Having just moved to Reno, Nevada two days ago, I woke up today to find an email from my brother linking to this news story about a "Flag of Mexico Flown Illegally Over Reno Business," which linked to this part of the Federal flag code. The story has caught on nationally, and has since been reported by the Drudgereport and CNN. (Although CNN is more interested in the fact that a veteran was caught on video tearing down the flag with a large knife.)

My initial reaction to the headlines was that there was no way that Federal code legally compels private residences and businesses to display their flags in a particular way, especially since the First Amendment gives Americans the freedom to burn the flag if they so wish. It turns out that I was right: courts have ruled that the laws here are merely advisory:

Federal flag code is not intended to proscribe behavior but is fashioned as expression of prevalent custom and usage regarding display of American flag. Lapolla v. Dullaghan, 1970, 311 N.Y.S.2d 435, 63 Misc.2d 157.

Still, the damage has already been done, and there's no telling how many people now believe that their First Amendment rights don't include flying flags in the manner of their choosing. Indeed, when I dropped off my rental truck this morning, the clerk and I got in an argument over this story, with him insisting that it's illegal (he saw it on Anderson Cooper last night), and that I should leave the country if I believed otherwise.

I know through my sources that the local news agencies are now being contacted about their error in reporting the story -- I will keep you updated about any retractions.

Update: KRNV has posted the ACLU of Nevada's press release regarding their storey.

Later Update: It's beginning to get out there that disregarding the Federal flag code is not illegal. The Reno police say as much in this Reno-Gazette Journal article. So far as I know, neither KRNV nor the Drudgereport has retracted the original story.