In 2006, Congress enacted the Freedom to Display the American Flag Act of 2005, which prohibits homeowners associations, condominium associations and neighborhood associations from banning homeowners from displaying the American flag on their property.
The law, which was initially introduced in the US House by Maryland Rep. Roscoe Bartlett, was signed into law by President George W. Bush in July 2006.
According to the text of the law, "any reasonable restriction" may be placed on the time, place or manner of displaying the flag, provided it does not run afoul of the United States Flag Code, provided the restrictions are "necessary to protect a substantial interest of the condominium association, cooperative association or residential real estate management association."
The matter became a hotbed of discussion after a homeowners association in Woodstock released new rules to residents placing stringent limits on when they were permitted to fly the American flag in their yards.
The United States Flag Code, which was initially crafted in 1942, notes the specific manner in which the flag must be displayed. Subsequent additions to the code have included dates which the flag should be displayed.
According to the Flag Code, the American Flag should be displayed on all days, but most particularly on:
New Year’s Day, January 1
Inauguration Day, January 20
Martin Luther King Jr.’s birthday, third Monday in January
Lincoln’s Birthday, February 12
Washington’s Birthday, third Monday in February
Easter Sunday (variable)
Mother’s Day, second Sunday in May
Armed Forces Day, third Saturday in May
Memorial Day (half-staff until noon), the last Monday in May
Flag Day, June 14
Father’s Day, third Sunday in June
Independence Day, July 4
Labor Day, first Monday in September
Constitution Day, September 17
Columbus Day, second Monday in October
Navy Day, October 27
Veterans Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
and such other days as may be proclaimed by the President of the United States
the birthdays of States; i.e., their date of admission into the Union (Georgia - January 2, 1788)
and on all State holidays.
