City Flag Bans: Legal Or Unconstitutional?

In the US, there is a history of state governments banning the desecration of the flag, with the Supreme Court upholding the conviction of a company that printed the American flag on a beer bottle. In 2025, a new law was passed that would bar all public schools and government buildings from flying any non-sanctioned flags, including Pride flags. This has been criticised by LGBTQ+ advocacy groups as an abridgement of free speech. However, some states prevent Homeowners' Associations (HOAs) from banning certain types of flags, such as Native American flags, state flags, or official US military flags.

Pride flags banned in schools and government buildings

In the US, cities can pass laws to ban flags. In 2025, Utah passed a law banning Pride flags from being flown in schools and government buildings. The bill, HB77, was sponsored by Republican Trevor Lee of Layton and would bar all public schools and government buildings from flying any non-sanctioned flags. The bill would most notably ban pride flags, but there is an exception for educators teaching an approved course on LGBTQ+ history.

The bill has been criticised by some as a blatant attack on the LGBTQ+ community, and there are concerns that it could hamper Utah's efforts to keep the Sundance Film Festival in the state. Some groups have asked Gov. Cox to veto the bill, which would otherwise go into effect on May 7. Salt Lake City leaders have also voiced their displeasure with the bill, opting to raise the Pride flag outside city hall on the last day of the legislative session as a "statement".

The bill has also sparked a debate over free speech, historical context, and the erasure of LGBTQ+ visibility in public spaces. While the bill's supporters argue that it promotes neutrality in government spaces, opponents argue that it is an attack on the LGBTQ+ community and that it strips away local control and targets the free expression of Utah's communities.

Cities' independent free speech rights

The right to free speech is a complex issue, and it varies from city to city. In the US, the First Amendment does not give you the right to engage in free speech activities on private property unless you own or lease the property or have been given permission by the owner. However, some cities have bubble ordinances that bar demonstrators from approaching patients without permission within 100 feet of a healthcare facility.

In the case of Salt Lake City, Utah, the city is weighing its next move in response to a flag-restriction bill, HB77, which restricts certain flag displays in public spaces. The bill, which has passed the House and Senate, would bar all public schools and government buildings from flying any non-sanctioned flags, including pride flags. Sen. Stephanie Pitcher, D-Millcreek, attempted to add a floor amendment that would have removed cities and counties from the bill, noting that the Supreme Court has recognised local government entities have "independent free speech rights". Her measure failed on the Senate floor.

Free Cities are self-governing territories that uphold individual rights and freedoms. They usually have a special legal status within their host state, which grants them autonomy to make decisions that affect their local community. This autonomy may allow Free Cities to make their own laws, introduce regulations, raise public funds, and deliver public services independently.

Budgeting fines to resist the bill

House Bill 77, which has passed the House and Senate, would bar all public schools and government buildings from flying any non-sanctioned flags. The bill would most notably ban pride flags.

Salt Lake City has considered budgeting fines to resist the bill. The city typically creates its budget after the legislative session and before the start of the next fiscal year, which is July 1. The Utah Legislature passed 582 bills this year.

Angela Price, Salt Lake City's legislative affairs director, said it's one of the bigger bills that the city has issues with. Salt Lake City Council Chairman Chris Wharton, who is openly gay, said that the city will wait on Gov. Spencer Cox's decision before deciding its next move. "If he does sign the bill, then I think we have to look at all of our options — as every municipality will have to do — and make a decision on how we respond to this law," Wharton said.

One option for the city is to budget for any penalty fees that may be incurred if the bill is signed. This could include setting aside a portion of the city's budget to pay for any fines that may be levied for flying unapproved flags. Another option is to explore legal challenges to the bill, as some lawmakers have voiced concerns with the bill before it was passed. Sen. Stephanie Pitcher, D-Millcreek, attempted to add a floor amendment that would have removed cities and counties from the bill, noting that the Supreme Court has recognized local government entities have "independent free speech rights." Her measure failed on the Senate floor.

It is important to note that budgeting for fines is not the only option for the city to resist the bill. Other options include raising awareness and building public support against the bill, as well as exploring legal challenges. The city may also want to consider the potential impact of the bill on its reputation and efforts to keep certain events in the state, such as the Sundance Film Festival.

Penalty fees for breaking the law

In the United States, cities can pass laws banning certain flags from being flown in public spaces. For example, in 2025, House Bill 77 was passed in Utah, which banned the flying of non-sanctioned flags in public schools and government buildings. This included a ban on pride flags, with the exception of educators teaching an approved course on LGBTQ+ history.

Penalty fees can also be incurred for failing to meet certain requirements, such as not paying taxes by the due date or not filing a tax return on time. These fees can vary depending on the jurisdiction and the specific circumstances, but they typically range from $10 to $18 per partner/member per month, with a maximum penalty of 25%.

LGBTQ+ history courses can display Pride flags

House Bill 77, which has passed the House and Senate, would bar all public schools and government buildings from flying any non-sanctioned flags. However, the bill does allow for an exception: educators teaching an approved course on LGBTQ+ history can display a Pride flag.

The bill, which was sponsored by Republican Trevor Lee of Layton, would notably ban pride flags. The purpose of the bill is to restrict certain flag displays in public spaces.

The bill has been opposed by Salt Lake City, which has raised the Pride flag outside city hall as a "statement". The city is now considering budgeting fines to resist the bill's perceived "overreach".

The Pride flag is a symbol of the LGBTQ+ community, and there are at least 25 different Pride flags representing various identities and experiences within the LGBTQ+ spectrum. LGBTQ+ history courses can display Pride flags to teach students about the history and symbolism of the flags, as well as the different purposes of national flags and LGBTQ+ flags.

Frequently asked questions