Auto Dealers Flying American Flag: Patriotism or Commercialism

That is a debate that is swirling in Las Vegas:

Call it a show of patriotic pride. Or call it a crass red-white-and-blue marketing ploy.

Either way, the city of Las Vegas has ordered a Hummer dealership to take down an American flag that flies 100 feet above the business.

Dan Towbin, owner of Towbin Hummer, said he was in disbelief at the City Council's decision this week to require the business to take down the 30-by-60-foot Stars and Stripes that has flown since May 2006 in front of the dealership.

A lot of car dealerships fly the American flag, indeed very large versions of the flag over their dealerships. I think it is fine even though I believe it to be commercialism. I only have a problem when the flag gets tattered or is not lit up at night. Under the rules for flying the flag, it should either lit up at night or lowered us sunset. Often it is not lit at night and still flown. I know it is nitpicky.

Still, I think that flying the flag is a legitimate expression of free speech, even if it is commerical speech. Commercial speech can't be deceptive and flying an American flag is not deceptive advertising. I think the dealer has a legitimate case here.

Now if Las Vegas has a zoning ordiance related to the height of the flagpole, the City may have a right to have the flag pole reduced in size, but not to prohibit the flying of the flag.