Yorba Linda, CA asked in Constitutional Law for California

Q: Is it legal to with hold an american from flying the American flag?

My leasing office is threatening me with an eviction because I have an American Flag and a Gadsden Flag hanging on flag poles on my balcony. By law, are they in the right or the wrong?

Related Topics:
1 Lawyer Answer
Timothy V. Kassouni
Timothy V. Kassouni

A: The answer will depend entirely on the terms of your lease. The First Amendment prevents the government from restricting your expression, but it does not prevent private individuals from doing so. If you are leasing your property, the land lord/ property owner has the right to put certain aesthetic restrictions in the lease. In other words, the property owner has the right to determine to some degree what you do to the appearance of his property. For example, the lease may require that you not paint the house certain colors or plant certain trees. The lease may also forbid the flying of flags. It may seem silly or unpatriotic, but one of the great things about America is the freedom to decide what goes on one's property.

For more about Constitutional property rights visit www.kassounilaw.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.