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Is Obama's face on U.S. flag illegal?
President's mug on more than 20 altered Old Glory banners
 Obama flag (Courtesy Kokomo Perspective) |
At least 20 American flags with the stars removed from the blue field and President Barack Obama's face inserted are still available on numerous eBay auctions – but, according to a state code, the listings may violate the law.
WND found three auctions for dozens of defaced flags on the auction site – all located in the state of Washington and within one hour of one another: Castle Rock, Vancouver and Longview.
The listings were posted by ucandoit45, mekaitlyn-2008 and jaysterd.
The U.S. flag code does not specify penalties for desecration or misuse of the United States flag, but each state has its own laws for such issues. According to the Revised Code of Washington, the eBay items located in Washington may constitute improper use of an American flag:
RCW 9.86.020
Improper use of flag prohibited.
No person shall, in any manner, for exhibition or display:(1) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or of this state; or(2) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or
(3) Expose to public view for sale, manufacture, or otherwise, or to sell, give, or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or distinguish such article or substance.
RCW 9.86.030
Desecration of flag.No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined in RCW 9.86.010, by publicly mutilating, defacing, defiling, burning, or trampling upon said flag, standard, color, ensign or shield.
Improperly using or desecrating the American flag is considered a gross misdemeanor in the state of Washington.
 eBay auction listing for Obama flag by ucandoit45 (auction ended by the time of this report) |
 eBay auction listing for Obama flag by mekaitlyn-2008 |
 eBay auction listing for Obama flag by jaysterd |
Also, according to U.S. Code Title 4, Chapter 1, Section 8, (g), titled "Respect for the flag," "The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
Each auction listed Famousflags.com as the distributor for the Obama flags. Famousflags.com is a registered website of Bullseye Enterprises.
Requests for comment from Famousflags.com and each of the eBay members auctioning the item were not returned. However, the first auction by ucandoit ended shortly after WND contacted the seller.
A note from the eBay Community Watch Team stated that eBay will review the listings.
"In light of our privacy policy, we cannot share with you any action taken by eBay with respect to this listing," the note states. "If we determine that the listing violates eBay policy, we may: 1) Send the seller an informational alert; 2) Remove the listing; or 3) Suspend the seller."
As WND reported, Pamela Geller's Atlas Shrugs revealed the flag has also been spotted raised above a building in Kokomo, Ind.
Indiana Code 35.45.1.4 states the following:
Flag desecrationSec. 4. (a) A person who knowingly or intentionally mutilates, defaces, burns, or tramples any United States flag, standard, or ensign commits flag desecration, a Class A misdemeanor.
Outraged participants in a forum at Atlas Shrugs promised to track the banners down.
"To whoever is currently manufacturing and selling those flags … I will personally and legally hunt each of you down for the sole purpose of making citizens arrests and prosecuting each and every one of you to the fullest [extent] of the law under U.S. Code pertaining to the flag of the United States of America," wrote one blogger.
"Understand this ... you have every right in the world to support the person you voted for and I will stand right in front of you in the line of fire to defend that right. But the instant you put a single man on a higher pedestal than the law, whatever games you are playing are over and you lose … maybe forever."
Gellar's website assured readers the image was "not a photoshop," and in fact, WND found another now-ended sale on eBay offering the images for $4.99 plus $6.50 for postage. Despite the assurance that "more than 10" were available, the sale was abruptly ended this weekend. That listing was posted on eBay by a seller identified as onewikedclown.
Gellar had this to say: "There is something terribly terribly wrong with this. It's an Obamanation. Skin crawling."
Another writer called the flag a "novelty," and explained it would be classified in the same category as a bathing suit or a shirt, "even though it mimics the flag design."
"Get over it, it's tacky but meaningless," wrote another. "I am going to go clean my guns."
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