Attorney General Suthers Comments On The Display Of U.S. Flag In Public Schools

DENVER –At the urging of Attorney General John Suthers, Commissioner of Education William Moloney today sent a copy of Colorado Revised Statute 27-2-108.5, concerning the proper and legal display of the flag of the United States, to all Colorado superintendents.

“The statute is clear,” said Suthers. “No Colorado school has the authority to prohibit students from reasonably displaying the flag of the United States on their person or property. While schools can and should act to prevent conduct by students that interferes with the education process, their remedy must be narrowly tailored and cannot include a general ban on displaying the American flag.”

Attorney General Suthers urged Commissioner Moloney to provide schools with a copy of the statute following actions taken by principals of certain schools which prohibited students from displaying the American flag in any manner.

C.R.S. 27-2-108.5 reads, “The right to display reasonably the flag of the United States shall not be infringed with respect to the display: (a) On an individual’s person; (b) Anywhere on an individual’s personal or real property. . .”

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