The First Amendment is under attack in Kansas, as one city has decided that a man’s flag was too ‘inappropriate’ to be allowed to fly on his property.
“F*** Biden and F*** you for voting for him!” David Sain’s flag read.
The City of Blue Rapids, Kansas, a small town of around 1,000 people in Marshall County, has deemed Sain’s flag to be too inappropriate to remain in his front yard.
Here is an image of a similar flag (WARNING: Strong Language):
After he was forced to take his flag down, Sain spoke about his disagreement with the city’s decision.
“You know, I don’t know why they are making me take it down,” he said. “It is my freedom of speech and my First Amendment right,” Sain said.
The decision to remove the flag began with a petition from another resident of the city. After it received enough support, Blue Rapids Mayor Jerry Zayas claimed that a community standard had been reached.
“Within a day, he responded with a community petition of 21 people,” the mayor said. “Within no time, there were neighbors that said that word was obscene.”
Sain’s neighbors have insisted that their main concern with the flag was not the political message, but that children were able to see the language. Sain, on the other hand, said that the language was part of the lesson, even for his own kids.
“I have children… I want them to know, you know, that you have rights and you have to stand up for your rights if you want to be heard,” Sain said.
Mayor Zayas has noted that he agrees that the issue is a decision that should ultimately be made in court.
“I just want justice to be served… Whatever the court decides, that is our justice system,” Zayas said.
In their attack on the First Amendment, the city cited Sain for promoting obscenity, using the “Kansas Uniform Public Offense Code.”
Despite the fact that many people have complained that the flag is offensive, even the left-wing American Civil Liberties Union is arguing that, because political speech is protected, the city has violated the First Amendment.
“Regulating what people say is exactly what the First Amendment is designed to prevent, and so as a general matter this is exactly the kind of thing that the First Amendment would be aimed at protecting,” said Josh Pierson, an attorney with the American Civil Liberties Union of Kansas.
This is not the first case regarding one of these anti-Biden flags. In Evansdale, Iowa, a resident with the exact same flag received backlash from his neighbors and the city’s mayor. In this case, the Evansdale Police Department refused to take any action on the complaints.
“It’s protected by the First Amendment and there’s not much that can be done about it,” Evansdale Police Chief Michael Dean told the Courier.