The stars and bars gets respect, too

Florida law has prohibited the improper use and desecration of the U.S. and state flags for at least a century. In 1961, however, as racial views were polarized by the Civil Rights Movement, a separate statute was added to include the “mutilation of or disrespect for Confederate flags or replicas.”

Robert Jarvis, a law professor at Nova Southeastern University, suspects the change was tied to centennial commemorations for the start of the Civil War in 1861. “Someone probably said, ‘Let’s give equal dignity to the Confederate flag,’ ” said Jarvis, who has extensively researched Florida’s flag history.

A Confederate flag flew over the State Capitol until 2001, when then-Gov. Jeb Bush and Secretary of State Katherine Harris ordered it removed.

“The governor believes that most Floridians would agree that the symbols of Florida’s past should not be displayed in a manner that may divide Floridians today,” Bush spokeswoman Katie Baur said in a written statement that year.

State laws also don’t allow the state, U.S. or Confederate flags to be used to advertise or sell merchandise. Yet it’s doubtful either the advertising or desecration measures could be enforced, Jarvis said. In 1969, the U.S. Supreme Court ruled the right to burn an American flag is protected under the First Amendment, guaranteeing free speech.

Similar arguments could be made about using the flag on ads, Jarvis said.

“The public owns the flag, not a private entity. Plus people could argue they had the right to express their patriotism by manufacturing a bathing suit with a flag on it,” Jarvis said.