Leading Veterans’ Group Speaks Out on Upside-Down American Flags

By: Georgia McKoy | Published: Jun 14, 2024

The American Legion has a clear stance: flags should only be flown upside down if there’s “extreme danger to life or property.” 

This statement from the veteran organization aims to clarify proper flag use amidst ongoing discussions.

Controversy at Justice Alito’s Home

The issue gained attention when an upside-down flag was spotted outside Supreme Court Justice Samuel Alito’s home in early 2021. 

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Portrait of Supreme Court Justice Samuel Alito smiling and wearing his judicial robe

Source: Wikimedia Commons

Justice Alito revealed that it was his wife, Martha-Ann Alito, who raised the flag, which sparked further debate.

Upside-Down Flags and Trump Supporters

Some supporters of former President Donald Trump have flown upside-down flags, linking it to claims that the 2020 election was stolen. 

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Two protesters holding an American flag upside down, symbolizing distress or protest

Source: Wikimedia Commons

This act has turned the upside-down flag into a “stop the steal” symbol for these groups.

The Flag as a National Symbol

American Legion National Commander Daniel Seehafer emphasized the flag’s significance.

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An American flag waving in the wind against a clear blue sky

Source: Wikimedia Commons

They said, “The American flag is a symbol of courage, strength, freedom, and democracy.” 

The Flag Code Explained

Seehafer referenced the Flag Code, which details how the flag should be displayed. 

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Exterior of an American Legion post building with the sign "American Legion Border Post No. 107" above the entrance

Source: Wikimedia Commons

According to the code, an upside-down flag should signal “extreme danger to life or property.”

Justice Alito’s Explanation

Justice Alito told Fox News that his wife raised the upside-down flag following an argument with a neighbor. 

Close-up photo of Supreme Court Justice Samuel Alito smiling

Source: Wikimedia Commons

Martha-Ann Alito referred to the flag as “an international signal of distress,” explaining its display.

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Questioning the Timeline

Neighbor Emily Baden questioned the timeline given by the Alitos. 

An upside-down American flag displayed on a flagpole outside a home

Source: acnewsitics/X

She mentioned that she did not see the upside-down flag and that her argument with the Alitos occurred nearly a month after the flag was reportedly displayed.

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The Neighbor’s Perspective

Emily Baden told NBC News that the Alitos seemed to imply the argument happened right before they raised the flag, which she called “a lie.” 

An American flag flown upside down on a flagpole, with green trees in the background

Source: Wikimedia Commons

Her statement adds more scrutiny to the reasons behind the flag’s display.

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American Legion and Past Flag Controversies

The American Legion has dealt with flag-related controversies before. 

An American Legion sign with the words "Freedom, Honor, Allegiance" and an illustration of American flags

Source: Wikimedia Commons

In 2016, Donald Trump stated on X, formerly Twitter, that “nobody should be allowed to burn the American flag,” and the American Legion praised this stance.

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Trump's Views on Flag-Burning

Trump suggested severe consequences for flag-burning, stating, “if they do, there must be consequences—perhaps loss of citizenship or a year in jail!” 

Former President Donald Trump speaking at a podium with a large American flag in the background

Source: Wikimedia Commons

The American Legion supported this view, with then-National Commander Charles E. Schmidt saying, “no one should tolerate desecration of the American flag.”

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Amendment Attempts

The Legion’s effort to ban flag-burning nearly succeeded. 

An American flag displayed on the side of a house, with a mountainous landscape in the background

Source: Wikimedia Commons

The most recent attempt failed by just one vote in 2006, showing how close they came to changing the Constitution.

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The Legion’s Influence

With nearly 2 million members, the American Legion is the “largest wartime veterans service organization.” 

Close-up of the American Legion logo on a sign, featuring a star and the letters "US" in the center

Source: Wikimedia Commons

Their opinions on the American flag carry significant weight, reflecting their influence and commitment to national symbols.

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