Illinois lawmaker seeks to criminalize flying American flag upside down
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[June 20, 2024]
By Catrina Petersen | The Center Square
(The Center Square) – A veteran Illinois lawmaker is in opposition to
recently introduced legislation that would make it a crime for
government officials to knowingly fly an upside down flag on government
property.
State Rep. Harry Benton has introduced legislation that would prohibit
politically motivated efforts that disrespect the flag.
“The flag of the United States is an enduring symbol of our national
spirit and pride, and of the sacrifices made by every generation of
Americans,” said Benton.
Benton is responding to a local incident in which a Will County official
flew the American flag upside down after Donald Trump was convicted on
34 felony counts.
Steve Balich, supervisor of Homer Township in Will County, reportedly
ordered the national flag outside the Homer Township offices to be flown
upside down after the conviction of former President Donald Trump.
The Center Square attempted to reach Balich for comment but he didn’t
immediately respond.
“The public official who made this sad choice – to disrespect our
nation’s flag and everything it stands for – may be disappointed in the
outcome of a certain criminal trial, but that is no excuse,” said
Benton. “That he then attempted to deflect rising outrage by draping
himself in the very same flag he’d just finished spitting on makes his
actions all the more pathetic.”
State Rep. David Friess, an air force veteran, said he believes if an
individual feels the country is in a time of distress, he or she should
be able to fly the flag upside down.
“Even as a veteran, I don’t lose my cool … I understand that one of the
greatest freedoms we have is free speech and I may not agree with an
individual if he or she flies the flag upside down, but I absolutely
respect your right to do that,” said Friess.
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Benton’s House Bill 5860 would make it a crime for a government
official to knowingly cause the national flag to be displayed upside
down on government property.
Friess said he doesn’t think the bill will go anywhere, but he hopes
Benton will couple the legislation with a measure prohibiting the
burning of flags at Black Lives Matter or Pro-Palestine protests.
“I would love to see him put out a bill that you can’t burn a flag
during a Pro-Hamas rally, a Pro-Palestinian rally or BLM rally,”
said Firess.
Benton said in a news release, “that despite our differences, we’re
all Americans.”
Benton also filed House Bill 5861, which goes beyond making it a
crime to fly an upside down flag but also makes it punishable by a
fine of up to $25,000.
Benton said in a news release that both of his bills, House Bill
5860 and House Bill 5861, clarify that the flag may only be flown
upside down in situations where there is dire distress or extreme
danger to life or property, the purpose for which such display is
prescribed in the U.S. Flag Code.
Friess said a large portion of the country believes America is in
distress considering Trump was convicted while he’s running for the
presidency.
“You have a former president prosecuted. And I firmly believe that
the only reason he was prosecuted is because he’s running for
president again. Had he not thrown his hat in the ring for 2024 …
they would not have prosecuted him, no doubt in my mind,” said
Friess.
Benton said elected leaders swear an oath to the American flag and
the nation it represents, not to a political leader.
Friess said when he saw House Bill 5861 making the offense of flying
a flag upside down punishable by a fine of up to $25,000, he laughed
out loud.
“This comes at a time when the Democrat party is doing everything
they can to decriminalize any and all behavior. Anytime there’s a
penalty enhancement their hair catches on fire. So, you’re going to
fine somebody $25,000 for an expression of what I would think would
be covered by the First Amendment,” said Friess.
Both bills could advance during the fall veto session in November. |