In response to the war in Iraq, and to express his view that the country was in distress, John Fleming displayed a flag upside-down in the store window of his business in Alamosa, Colorado. Relying on an antiquated Colorado statute that makes "contempt of flag" a crime, City authorities told Fleming to take the flag down or face a criminal prosecution. The ACLU of Colorado intervened and persuaded Alamosa authorities that Mr. Fleming's display was symbolic expression that is fully protected by the First Amendment.
ACLU news release:
- "Alamosa business owner may resume displaying American flag upside down to express his views on Iraq war," ACLU News Release, April 15, 2003
ACLU case number
2003-04