§ 136 — Exhibition or display of the flag

New York § 136

• Jurisdiction: New York
• Law GBS: General Business
• Art. 9-B: Use of Names and Symbols

Text

§ 136. Exhibition or display of the flag. Any person who: a. In any\nmanner, for exhibition or display, shall place or cause to be placed,\nany word, figure, mark, picture, design, drawing, or any advertisement,\nof any nature upon any flag, standard, color, shield or ensign of the\nUnited States of America, or the state of New York, or shall expose or\ncause to be exposed to public view any such flag, standard, color,\nshield or ensign, upon which after the first day of September, nineteen\nhundred and five, shall have been printed, painted or otherwise placed,\nor to which shall be attached, appended, affixed or annexed, any word,\nfigure, mark, picture, design, or drawing, or any advertisement of any\nnature, or\n b. Shall expose to public view, manufacture, sell, expose for sale,\ngive away, or have in possession for sale, or to give away, or for use\nfor any purpose, any article, or substance, being an article of\nmerchandise, or a receptacle of merchandise or article or thing for\ncarrying or transporting merchandise, upon which after the first day of\nSeptember, nineteen hundred five, shall have been printed, painted,\nattached, or otherwise placed, a representation of any such flag,\nstandard, color, shield or ensign, to advertise, call attention to,\ndecorate, mark, or distinguish, the article or substance on which so\nplaced, or\n c. Shall print, engrave, or otherwise place or cause to be printed,\nengraved or otherwise placed on any blank check, bill head, letter head,\nenvelope or other business stationery, a representation of any such\nflag, standard, color, shield or ensign, or shall use any such blank\ncheck, bill head, letter head, envelope or other stationery for business\npurposes or correspondence, or\n d. Shall publicly mutilate, deface, defile, or defy, trample upon, or\ncast contempt upon either by words or act, or\n e. Shall raffle or place in pawn any such flag, standard, color,\nshield or ensign, or\n f. Shall publicly carry or display any emblem, placard or flag which\ncasts contempt, either by word or act, upon the flag of the United\nStates of America, or\n g. Shall publicly use or cause any such flag, standard, color, shield\nor ensign, to be publicly used as a receptacle for the placing,\ndepositing or collecting of money or any other article or thing, shall\nbe guilty of a misdemeanor.\n The words flag, standard, color, shield or ensign, as used in this\nsection, shall include any flag, standard, color, shield or ensign, or\nany picture or representation, of either thereof, made of any substance,\nor represented on any substance, and of any size, evidently purporting\nto be, either of, said flag, standard, color, shield or ensign, of the\nUnited States of America, or of the state of New York, or a picture or a\nrepresentation, of either thereof, upon which shall be shown the colors,\nthe stars, and the stripes, in any number of either thereof, or by which\nthe person seeing the same, without deliberation may believe the same to\nrepresent the flag, colors, standard, shield or ensign of the United\nStates of America or of the state of New York.\n This section shall not apply to any act expressly permitted by the\nstatutes of the United States of America, or by the United States army\nand navy regulations, nor shall it be construed to apply to a\ncertificate, diploma, warrant, or commission of appointment to office,\nornamental picture, article of jewelry, stationery for use in private\ncorrespondence, or newspaper or periodical, on any of which shall be\nprinted, painted or placed, said flag, standard, color, shield or ensign\ndisconnected and apart from any advertisement.\n The possession by any person, other than a public officer, as such, of\nany such flag, standard, color, shield or ensign, on which shall be\nanything made unlawful at any time by this section, or of any article or\nsubstance or thing on which shall be anything made unlawful at any time\nby this section shall be presumptive evidence that the same is in\nviolation of this section, and was made, done or created after the first\nday of September, nineteen hundred five, and that such flag, standard,\ncolor, shield or ensign, or article, substance, or thing, did not exist\non the first day of September, nineteen hundred and five.\n