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Title: Air Force action 'entirely inappropriate'
Source: One News Now
URL Source: http://www.onenewsnow.com/national- ... -action-entirely-inappropriate
Published: Feb 13, 2015
Author: Chad Groening
Post Date: 2015-02-13 14:42:54 by redleghunter
Ping List: *Military or Vets Affairs*     Subscribe to *Military or Vets Affairs*
Keywords: None
Views: 8601
Comments: 34

A conservative military watchdog says it was completely inappropriate for an Air Force commander to allow the display of a hybrid flag that advances the radical LGBT political agenda on base.

Writing for The Blaze, former Senior Airman Brian Kolfage accounts that he was driving through Davis Monthan Air Force Base near Tucson when he saw an American flag with rainbow stripes, instead of red and white stripes, flying high on a two-story house.

Kolfage complained to base officials that that flag violates a section of Title 4 that states the American flag "shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field."

But several days after his complaint, the installation commander ruled that the flag does not violate federal law and can remain flying.

Elaine Donnelly, president of the Center for Military Readiness (CMR), thinks the decision was made to accommodate a political agenda.

"This was exhibitionism of a political point of view. It was entirely inappropriate," she exclaims. "Other forms of political expression on a military base also are ruled out, so for the Air Force to make an exception for the sake of a flag that is the hybrid of the American flag -- and the LGBT flag is inappropriate itself -- but to allow that display on a military base, the Air Force authorities who made that decision should be held accountable, because they are the ones who are out of line here."

Donnelly concludes that this incident is a consequence of Barack Obama's imposition of LGBT law on the American military. Subscribe to *Military or Vets Affairs*

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Begin Trace Mode for Comment # 33.

#3. To: redleghunter (#0)

[Article] Kolfage complained to base officials that that flag violates a section of Title 4 that states the American flag "shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field."

But several days after his complaint, the installation commander ruled that the flag does not violate federal law and can remain flying.

Elaine Donnelly, president of the Center for Military Readiness (CMR), thinks the decision was made to accommodate a political agenda.

Senior Airman Kolfage and CMR President Donnelly are wrong and the installation commander did what the law required. The First Amendment protects unpopular forms of expression, including this one. The complainants reliance on Title 4 for enforcement action is unfounded.

https://www.senate.gov/reference/resources/pdf/RL30243.pdf

Congressional Research Service Report for Congress

The United States Flag: Federal Law Relating to Display and Associated Questions

Updated April 14, 2008

John R. Luckey
Legislative Attorney
American Law Division

Order Code RL30243

Excerpt from introductory summary, unnumbered page

This report presents, verbatim, the United States “Flag Code” as found in Title 4 of the United States Code and the section of Title 36 which designates the Star- Spangled Banner as the national anthem and provides instructions on how to display the flag during its rendition. The “Flag Code” includes instruction and rules on such topics as the pledge of allegiance, display and use of the flag by civilians, time and occasions for display, position and manner of display, and how to show respect for the flag. The “Code” also grants to the President the authority to modify the rules governing the flag.

Excerpt at 1: [footnotes omitted, emphasis added]

On the national level the Federal Flag Code provides uniform guidelines for the display of and respect shown to the flag. In addition to the Code, Congress has by statute designated the national anthem and set out the proper conduct during its presentation. The Code is designed “for the use of such civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments” of the federal government. Thus, the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups.

Excerpt at 2: [footnotes omitted, emphasis added]

In addition to the Flag Code, a separate provision contained in the Federal Criminal Code established criminal penalties for certain treatment of the flag. Prior to 1989, this provision provided criminal penalties for certain acts of desecration to the flag. In response to the Supreme Court decision in Texas v. Johnson (which held that anti-desecration statutes are unconstitutional if aimed at suppressing one type of expression), Congress enacted the Flag Protection Act of 1989 to provide criminal penalties for certain acts which violate the physical integrity of the flag. This law imposed a fine and/or up to one year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor, or trampling upon any flag of the United States. In 1990, however, the Supreme Court held that the Flag Protection Act was unconstitutional as applied to a burning of the flag in a public protest.

nolu chan  posted on  2015-02-13   17:08:42 ET  Reply   Untrace   Trace   Private Reply  


#6. To: nolu chan, redleghunter (#3)

Senior Airman Kolfage and CMR President Donnelly are wrong and the installation commander did what the law required. The First Amendment protects unpopular forms of expression, including this one. The complainants reliance on Title 4 for enforcement action is unfounded.

Weren't you in the military at one time?

You should know things are different on base than out in the sillyvilian world.

CZ82  posted on  2015-02-13   17:35:38 ET  Reply   Untrace   Trace   Private Reply  


#8. To: CZ82, redleghunter (#6)

Weren't you in the military at one time?

You should know things are different on base than out in the sillyvilian world.

You will have to show me where the Constitution does not apply on base. The station commander cannot enforce a law that does not exist. The military can be sued in federal court; the named defendant would be the Secretary of the Navy.

Yes, I was in the military. 20 years active duty. nolu chan, USN, Ret.

nolu chan  posted on  2015-02-13   18:07:04 ET  Reply   Untrace   Trace   Private Reply  


#25. To: nolu chan, Liberator, CZ82, GarySpFc (#8)

There are things Service members cannot do. One is to promote publicly a political party, movement or slogan. The Army has this covered in Army Regulation 600–20 Command Policy. I'm sure the AF has an equivalent regulation. What happened in this case is the base commander condoned one side of a heated political debate before SCOTUS. Please see "o" below.

B–3. Examples of prohibited political activities According to the statutory restrictions in 10 USC 973(b) and the policies established in section d of DODD 1344.10 and implemented in chapter 5 of this regulation, a Soldier on AD will not— a. Use official authority or influence to interfere with an election, affect the course or outcome of an election, solicit votes for a particular candidate or issue, or require or solicit political contributions from others.

b. Be a candidate for civil office in Federal, state, or local Government, except as authorized in this regulation, or engage in public or organized soliciting of others to become partisan candidates for nomination or election to civil office.

c. Participate in partisan political management or campaigns or make public speeches in the course thereof.

d. Make a campaign contribution to another member of the Armed Forces or to a civilian officer or employee of the United States for promoting a political objective or cause.

e. Solicit or receive a campaign contribution from another member of the Armed Forces or from a civilian officer or employee of the United States for promoting a political objective or cause.

f. Allow or cause to be published partisan political articles signed or written by the Soldier that solicit votes for or against a partisan political party or candidate.

g. Serve in any official capacity or be listed as a sponsor of a partisan political club.

h. Speak before a partisan political gathering of any kind for promoting a partisan political party or candidate.

i. Participate in any radio, television, or other program or group discussion as an advocate of a partisan political party or candidate.

j. Conduct a political opinion survey under the auspices of a partisan political group, or distribute partisan political literature.

k. Use contemptuous words against the officeholders described in 10 USC 888.

l. Perform clerical or other duties for a partisan political committee during a campaign or on an election day.

m. Solicit or otherwise engage in fund raising activities in Federal offices or facilities, including military reservations, for a partisan political cause or candidate. n. March or ride in a partisan political parade.

o. Display a large political sign, banner, or poster (as distinguished from a bumper sticker) on the top or side of a private vehicle.

p. Participate in any organized effort to provide voters with transportation to the polls if the effort is organized by, or associated with, a partisan political party or candidate.

q. Sell tickets for, or otherwise actively promote, political dinners and similar fund-raising events. r. Attend partisan political events as an official representative of the Armed Forces…

redleghunter  posted on  2015-02-13   22:40:05 ET  Reply   Untrace   Trace   Private Reply  


#33. To: redleghunter (#25)

From Kirtland AFB Housing Regulations.

http://www.kirtlandfamilyhousing.com/document/rules-regulations

3.8 Exterior Decorations: Residents may install seasonal decorative items such as Christmas decorations, provided they are in “good taste” for display in a family community and do not cause any permanent structural damage to the Resident’s dwelling.

All holiday type decorations must be removed within two weeks following the holiday.

Residents are not allowed on roofs and no decorations are allowed above the eave of the first floor roof.

And no mention of any other kind of decorations so you must assume they aren't allowed at any other time of the year. Last time I checked a Diversity flag wasn't considered a holiday decoration.

CZ82  posted on  2015-02-15   8:40:33 ET  Reply   Untrace   Trace   Private Reply  


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