Tuesday, May 10, 2011

California DoT Nixes Public Display of American Flag, Calls it "Impermissible Public Expression"

Can someone please tell me what world we live in when we cannot erect our own American flag because it might upset some people?

In the town of Orcutt, California, thousands of dollars in donations have been gathered to create a monument to fallen soldiers and the branches of our military.  The memorial would go between "a highway exit and a park-and-ride lot;" a pole would rise out of the center and display the American flag.

The California Department of Transportation was okay with the plan... that is, until it was revealed that our nation's flag would be flying.  When CalTrans heard, they stymied the effort, declaring the display of an American flag an "impermissible act of “public expression.”"

The panel that ruled that the American flag could not be displayed demanded "viewpoint neutrality" at the monument.  In other words, they declared it illegal to solely fly the US flag, stating that other flags must also have the right to be flown at the memorial, be it "the British flag, the Nazi flag, or the Jolly Rogers."
Apparently not allowed in California
In response to concerns, CalTrans wrote:
To answer your question regarding the court’s decision in Brown v. California Department of Transportation pertaining to flying the American Flag in the State right of way, it was established that, “The display of the United States flag constituted expressive activity, within the meaning of the First Amendment.”

The concern that we have in this situation is that, whether a flag hanging on a bridge [not OTORA’s proposal], or a monument placed within a park and ride lot [the proposal], we would be placed in a position of having to permit all forms of expression as encroachments in the right of way if we were to allow yours. As such, the department has determined that the state highway system is not a forum for public expression except as expressly allowed.
And do you want any more proof that CalTrans has no idea what it is doing?  More from the Weekly Standard:
Last summer, a few days before the Fourth of July, CalTrans painted over a 35-foot American flag mural on a hillside in the East Bay, several hours north of Orcutt, which had been completed in the wake of the terrorist attacks. CalTrans painted over the mural with gray paint.
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  1. WOW! I knew California was filled with freaks, but this takes the cake. And let me guess, these employees and yuckiteeyucks that WORK for the California DOT are government employees that our hard earned tax dollars pay their over the top salaries, right? Every single day I wake up in my American, and realize we have all fallen into a rabbit hole and just nothing is as it should be anymore.


  2. They just identify themselves...

    We just take away their pensions...

    Spoiled help is spoiled help...

  3. Here it comes...its now in America.
    Does anyone know that the Brits cannot display their British flag because it might upset the muslims?
    Its true!!

  4. Cut out all federal funds to Cal Trans until they understand this is America
    and fly Our Countries Flag High.

  5. I can't believe where this country is heading! Get your heads out of the sand, & let's take back OUR great nation.... I'm tired of everyone being so politically correct.

  6. Oh hilarious.....
    What the hell they are doing??

  7. Absolutely pathetic. Viewpoint neutral? America is not viewpoint neutral about America. PC fools.

  8. Political corectness is going to be the death of our country.Send them back to where they came from and lets take our country back.GOD BLESS AMERICAand GOD BLESS all our young military men and women Who have fought so galenty and all those who gave their lives so we could live ours.We can never thank them enough nor can we let them down.I LOVE AMERICA.......

  9. California is hopeless

  10. I despise Uncle Sam --- by which I mean "every level of American goverment" --- and if I had a hammer, I would hammer Uncle Sam so hard that the Japs would start sprinting for higher ground, again.

  11. To the anonymous COWARD, I say to you, LEAVE this GREAT COUNTRY. I despise you. You are the cancer that we must eradicate.

  12. To the ignorant bastards at CalTrans, pull your heads out of your politically correct asses. You are a disgrace to this great country of ours. I for one am proud to be an American, have fought for it and would have died for it. If other people want to fly there flag its simple, go back to wherever they came from. This is America, we fly our flag and we fly it proudly!!!!!!!!!!

  13. This is total B/S - This is the United State of America - I am not aware of any limit on displaying our national flag in public spaces. I guess Cal DoT wouldn't be torn over an advertisement for free legal advice on citizenship in the same spot where they want to place the US Flag.

  14. Gentlemen, although it would be tempting to blame Caltrans, they're only complying with a court order from some judge proclaiming that the American flag constitutes political speech. It was actually Caltrans that was on the RECEIVING end of that lawsuit and had tried to keep the flags up!

    The villain here is some judge who decided in terminator robot logical fashion that an American flag constituted political speech and therefore was illegal to be displayed on public roads. There's a lot wrong with that thinking including the notion that the 1st amendment PROHIBITS expression of political speech rather than PROTECTING it, that a specific monument cleared for construction is the same as hanging a political banner across an overpass, and finally that patriotic political speech is on the same level as anti-patriotic free speech.

    In theory, according to this judge, his precedent would require the white house to fly a pirate flag.

  15. Just one more example of why Californicate SHOULD be given back to Mexico.

    Of course it is fully understandable - this was for honoring the military. Tsk, tsk, tsk. That bad nasty military. Evil, evil, evil. Why, they're so dedicated to, ya know, like... defending that flag and what it stands for. Wow man! that's so not European and universalist. [/sarc]

    Anyone get a readback from the California military vets and active duties? (are there still any American military folks living in California?)

  16. What happened to US pride in our country's flag? It appears to me that "politically correct" has gone wild. People from other countries come here to find a better life. They used to understand that coming here meant they were interested in living in our culture. We need to get back to the fact this is the greatest country in the world because of the principles it was founded on.

  17. Of course, not displaying the flag is a bigger act of public expression than displaying it.

  18. I agree Mega Independent.

    The American flag does not constitute political speech.The American flag doesn't "constitute" anything...it is a symbol representing the cherished freedom to speak. And this is in answer to a comment from yesterday that has been removed.(?)A ruling from a California court~didn't make much sense!

    Final word: You Californians are welcome in Texas, but we are very sensitive to critisisms about America and the hard earned freedoms we are so blessed with.... and it would be wise to speak kindly of Texas.


  19. Congress shall pass no law establishing a nation... Seperation of State and State.

  20. Did you know your not allowed to sing the National Athem at the Lincoln Memorial? Our National parks and monuments belong to the U.N. and have to be neutral too

  21. Well....isn't this interesting.

    Wonder what that actual, real flashpoint will be when it comes.

    I'm certain it will be something just like this....but it's coming.

    I'm in..... Hope you are too....because its worth fighting for.