Freedom to Display the American Flag

Can Florida Associations Prohibit Display of the American Flag?

The federal Freedom to Display the American Flag Act of 2005 (Pub.L. 109–243, 120 Stat. 572, enacted July 24, 2006) forbids homeowners associations from banning display of the American flag. An association may limit the time, place, and manner in which the flag is displayed, as long as the limitation promotes a substantial interest of the association. Along with the U.S. flag, Florida law also protects HOA members’ respectful display of the state flag of Florida, the flags of each branch of the armed services, and the POA / MIA flag. Fla. Stat. §720.304. The Florida law protects flags up to 4.5 x 6 feet in size and allows reasonable limitations relating to time, place, and manner of display. Id.