Flag display policy
Council Policy Manual 2.07
Constitutional Considerations
First Amendment Restrictions
Limited Public Forum
A nonpublic forum is a place that is not typically open to the public and public communication (like a City owned and controlled Flagpole).
When the government intentionally opens the nonpublic forum to the public for a specific purpose it creates a “limited public forum” (like a City Flagpole where it allows the public to display commemorative flags to communicate).
In a limited public forum, the government’s regulations need to be reasonable and viewpoint neutral.
The regulations cannot discriminate based on the stance or position the speech took.
A city cannot refuse to display a flag because it disagrees with the message of the flag.
Government Speech
Government speech, however, is not similarly restricted by the First Amendment.
The United States Supreme Court recognizes that a government entity is entitled to say what it wishes and to select the views that it wants to express.
A city can select flags based on the viewpoints those flags relay because those are the viewpoints the city wishes to specifically endorse as its own speech.
Practical considerations
Policy Amendment Attachment C
2.07.010(3), City Flagpoles,
subsection(c):
“Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty (30)seven continuous days.”
Attachment D
Attachment E
Annual Display – Pride Flag
Attachment F
Annual Display – Military FlagsAttachment G
United States Army: June 14, 1775
United States Navy: October 13, 1775
United States Marine Corps: November 10, 1775
United States Coast Guard: August 4, 1790
United States Air Force: September 18, 1947
United States Space Force: December 20, 2019
Next Steps
Would the Committee like to forward a policy amendment as reflected in Attachment C? Would the Committee like to forward Attachment D for the annual display of the Pride Flag without changes? Would the Committee like to revise the resolution forwarding the recommendation for the annual display of the Pride Flag? If so, when and/or for how long would the Committee like the flag displayed? Would the Committee like to forward a recommendation for the annual display of the flags of the military branches as reflected in Attachment G?