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Attorney: Profane Biden flag protected by First Amendment

February 4, 2021 GMT

FARGO, N.D. (AP) — An attorney for the City of Fargo says a homeowner has the right to fly a flag that uses profanity against President Joe Biden.

Displaying the flag is protected by the First Amendment, according to Assistant City Attorney Alissa Farol.

The flag is permitted because it contains a non-commercial message and doesn’t exceed the maximum size allowed by the city sign code, Farol said.

The homeowner is flying an upside-down American flag was on the same flagpole, which Farol says is also protected speech.

The U.S. Flag Code states that the American flag is not to be flown upside down “except as a signal of dire distress in instance of extreme danger to life or property.”

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Farol weighed in after Fargo police received a complaint about the flags flying over a home in south Fargo, KVRR-TV reported.

The homeowner declined to comment.