(1) The right to display reasonably the flag of the United States shall not be infringed with respect to the display:
On an individual's person;
Anywhere on an individual's personal or real property; and
In the buildings or on the grounds of any tax-supported property in the state; exceptthat the state or political subdivision that has jurisdiction over the building or grounds may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles.
(2) (a) Notwithstanding any provision of subsection (1) of this section to the contrary, the right with respect to an individual's real property shall be subject to reasonable restrictive covenants or equitable servitudes; except that no such covenant or servitude, nor any owners' association shall prohibit the outdoor display of the flag of the United States by a property owner on that owner's property if the flag is displayed in a manner consistent with chapter 1 of title 4 of the United States Code, as amended.
(b) Notwithstanding any provision of paragraph (a) of this subsection (2) to the contrary, an owners' association, the state, or a political subdivision may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles.
For purposes of this section, "display reasonably" shall be presumed to include adisplay of the flag of the United States that is consistent with chapter 1 of title 4 of the United States Code, as amended.
A right described in subsection (1) of this section is a civil right of free speech and aprotected form of expression under the first amendment to the United States constitution and section 10 of article II of the state constitution.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 770, § 2, effective April 29.
Editor's note: This section is similar to former § 27-2-108.5 as it existed prior to 2010.