Federal Judge: First Amendment Protects Hanging American Flag Upside-Down

A federal judge has ruled that police violated a Crivitz man’s free speech by removing an American flag he had hung upside down.

In 2009, Vito Congine Jr. was denied a liquor license for his supper club by the Crivitz Village Board. In protest of their decision the Marine Corps veteran flew an American flag upside down on the property, which is a signal of distress under United States Code. Congine’s attorney Chris Meuler says that during a July 4 parade, village police contacted the local district attorney asking for authority to remove it.

“They thought the crowd was getting riled up, and there was testimony that they were potentially going to do damage to property or do something to the flag.”

Meuler says police entered Congine’s property and took down the flag. Congine quickly sued the village claiming that the police and the DA had violated his First Amendment rights.

“By taking it down they were essentially saying they, essentially, disagreed and that form of speech wouldn’t be tolerated because there was supposedly hostility toward what was being said and government, whether it’s counties, municipalities, whatever, the government isn’t supposed to suppress speech.”

Chief U.S. District Judge William Griesbach and granted a summary judgment in Congine’s favor. Griesbach ruled that, “There must be more than a potential for a breach of the peace to justify censorship of expressive conduct.” Meuler says they will be back in court in October to decide damages for Mr. Congine unless he and the Village of Crivitz settle out of court.