Freedom to Display the American Flag Act of 2005
PL 109-243 (H.R.42), enacted 07/24/2006

120 STAT. 572
PUBLIC LAW 109–243—JULY 24, 2006
Public Law 109–243
109th Congress
An Act
To ensure that the right of an individual to display the flag of the United States
on residential property not be abridged.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Freedom to Display the American
Flag Act of 2005’’.
SEC. 2. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘flag of the United States’’ has the meaning
given the term ‘‘flag, standard, colors, or ensign’’ under section
3 of title 4, United States Code;
(2) the terms ‘‘condominium association’’ and ‘‘cooperative
association’’ have the meanings given such terms under section
604 of Public Law 96–399 (15 U.S.C. 3603);
(3) the term ‘‘residential real estate management associa-
tion’’ has the meaning given such term under section 528 of
the Internal Revenue Code of 1986 (26 U.S.C. 528); and
(4) the term ‘‘member’’—
(A) as used with respect to a condominium association,
means an owner of a condominium unit (as defined under
section 604 of Public Law 96–399 (15 U.S.C. 3603)) within
such association;
(B) as used with respect to a cooperative association,
means a cooperative unit owner (as defined under section
604 of Public Law 96–399 (15 U.S.C. 3603)) within such
association; and
(C) as used with respect to a residential real estate
management association, means an owner of a residential
property within a subdivision, development, or similar area
subject to any policy or restriction adopted by such associa-
tion.
SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
A condominium association, cooperative association, or residen-
tial real estate management association may not adopt or enforce
any policy, or enter into any agreement, that would restrict or
prevent a member of the association from displaying the flag of
the United States on residential property within the association
with respect to which such member has a separate ownership
interest or a right to exclusive possession or use.
4 USC 5 note.
4 USC 5 note.
4 USC 5 note.
Freedom to
Display the
American Flag
Act of 2005.
July 24, 2006
[H.R. 42]
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 00570
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 573
PUBLIC LAW 109–243—JULY 24, 2006
LEGISLATIVE HISTORY—H.R. 42:
CONGRESSIONAL RECORD, Vol. 152 (2006):
June 27, considered and passed House.
July 17, considered and passed Senate.
SEC. 4. LIMITATIONS.
Nothing in this Act shall be considered to permit any display
or use that is inconsistent with—
(1) any provision of chapter 1 of title 4, United States
Code, or any rule or custom pertaining to the proper display
or use of the flag of the United States (as established pursuant
to such chapter or any otherwise applicable provision of law);
or
(2) any reasonable restriction pertaining to the time, place,
or manner of displaying the flag of the United States necessary
to protect a substantial interest of the condominium association,
cooperative association, or residential real estate management
association.
Approved July 24, 2006.
4 USC 5 note.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 00571
Fmt 6580
Sfmt 6580
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001