Arugmentation (Was: Re: [PLUG-TALK] Fair Use, etc.)

[J.A.Henshaw]

Russ Johnson wrote:

> At 02:27 PM 4/2/2002 -0800, you wrote:
> 
>>> With regard to the matter of the war and peace flags, I was
>>> attempting to demonstrate my second point.  I was bored by the title
>>> 4 page because it was mostly about proper handling of the flag;
>>> you had not given me any other reason to look at it other than the
>>> existence of these flags.  Only after I was supposed to read and
>>> understand this page did you communicate the import of these flags.
>>
>>
>>
>> OK,  the cart before the horse,  no problem yet...
>>
>>
>>> I still do not concede that the marshall law is in effect and has
>>> been for several decades, but that is an argument for another time.
>>
>>
>>
>> WHich flag is in the courtroom?  DO you know why a flag is shown in 
>> the courtroom? It indicates which VENUE the court is in.
> 
> 
> 
> see: http://www.ushistory.org/betsy/flagetiq.html#4
> 
> Specifically:
> 
> The gold trim is found on ceremonial flags, to be used indoors and for 
> ceremonies only. They originally were used on military flags. The fringe 
> has no specific significance, but is considered completely within the 
> guidelines of proper flag etiquette. There is nothing in the flag code 
> indicating that the fringe is for federal government flags only. The 
> Internet contains many sites that claim that the fringe indicates 
> martial law or that the Constitution does not apply in that area. These 
> are entirely unfounded and should be dismissed as urban legends.
> 
> --8<-- Cut here
> 
> So, the gold trim idea is an urban legend.
> 
> That is, unless you can site a specific reference in US Code that 
> refutes the USHistory website.
> 
> Russ Johnson
> http://www.dimstar.net
> 
> 
FLAG Martial Law; "Pursuant to 4 U.S.C. chapter 1, §§1, 2, & 3;Executive Order 10834, August 21, 1959; 24 F.R.6865;  a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE border on three sides. The president of the United States designates this deviation from the regular flag, by executive order, and in his capacity as Commander-in-Chief.

FLAG Martial Law;The Placing of a fringe on the national flag, the dimensions of the flag and the arrangement of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as commander in Chief of the Army and Navy." 34 Ops. Atty. Gen. 83.

President, Dwight David Eisenhower, by Executive Order No.10834, signed on August 21, 1959 and printed in the Federal Register at 24 F.R. 6865, pursuant to law, stated that: "A military flag is a flag that resembles the regular flag of the United States, except that it has a Yellow Fringe border on three sides."

FLAG Martial law; "The use of such a fringe is prescribed in current Army Regulation no. 260-10." 34 Ops. Atty. . Gen. 483, 485.

FLAG Martial law; "Ancient custom sanctions the use of the fringe on regimental colors and standards, but there seems to be no good reason or precedent for its use on other flags." The Adjutant General of the Army, March 28, 1924, (1925); 34 ()Ops. Atty. Gen. 483, 485.

DISPLAY OF MILITARY FLAG

National flags listed below are for indoor display and for use in ceremonies and parades. For these purposes the United States flag will be rayon banner cloth, trimmed on three sides with golden yellow fringe, 2 1/2 inches wide. It will be the same size as the flags displayed or carried with it.

Authorization for indoor display

Each military courtroom Any courtroom that displays these flags behind the Judge is a military courtroom. You are under military law and not constitutional law, or common law, or civil law, or statute law.

Restrictions "The following limitations and prohibitions are applicable to flags guidons, streamers, and components."

Unauthorized use of official flags, guidons, and streamers. Display or use of flags, guidons, and streamers or replicas thereof, including those presently or formerly carried by U.S. Army units, by other than the office, individual, or organization for which authorized, is prohibited except as indicated in below.

Use only by recognized United States Army division associations . . . ." United States Army Regulation AR 640-10, October 1, 1979

According to Army Regulations, (AR 840-10, Oct. 1, 1979.) "the Flag is trimmed on three sides with Fringe of Gold, 2 1/2 inches wide," and that, "such flags are flown indoors, ONLY in military courtrooms." And that the Gold Fringed Flag is not to be carried by anyone except units of the United States Army, and the United States Army division associations."

THE AUTHORITY FOR FRINGE ON THE FLAG IS SPECIFIED IN ARMY REGULATIONS,
BUT ONLY FOR THE NATIONAL (MILITARY) FLAG !

The U.S. Attorney General has stated: "The placing of a gold fringe on the national flag, the dimensions of the flag, and the arrangements of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as Commander-in-Chief of the Army and Navy. . .ancient custom sanctions the use of fringe on regimental colors and standards, but there seems to be no good reason or precedent for its use on other flags. . .the use of such a fringe is prescribed in current Army Regulations, No. 260-10." (See 34 Ops. Atty. Gen. 483 & 485) The only statute or regulation, in the United States, prescribing a yellow fringed United States flag is Army Regulation No. 260-10, making it a military flag.

By Army Regulation 260-10, the gold fringe may be used only on regimental "colors," the President's flag, for military courts martial, and the flags used at military recruiting centers. "A military flag emblem of a nation, usually made of cloth and flown from a staff; FROM A MILITARY STANDPOINT flags are of two general classes...those flown from stationary masts over army posts, and those carried by troops in formation. The former are referred to by the general name of flags. The later are called colors when carried by dismounted troops. COLORS AND STANDARDS are more nearly square than flags and are made of silk, with a knotted FRINGE OF YELLOW ON THREE SIDES. . .USE OF A FLAG -- THE MOST GENERAL AND APPROPRIATE USE OF THE FLAG IS AS A NATIONAL SYMBOL OF AUTHORITY AND POWER." (National Encyclopedia, Vol. 4)

The adornments (FINIAL) on the top of the flag pole are for military use only . The gold eagle is for the use of the President of the United States only, and only in time of war. The gold spear ball is for military recruiting centers only. The gold acorn is for military parades only. (Army Regulation 840-10, chapter 8).