Is Jan Brewer’s ‘Tea Party Flag’ Law Good?

Arizona Governor Jan Brewer has caught some flack for signing a law that gives the Tea Party-tied Gadsden flag the same protections as the American Flag. Let’s not forget that the ACLU supported a similar position.

Brewer may have vetoed a Birther bill this week, but she affixed her John Hancock to another controversial law, one that prohibits home owners associations from restricting the “Don’t Tread on Me” Gadsden flag.

This law therefore elevates the Gadsden flag, most recently hoisted by the Tea Party, to the same level as Old Glory, the POW/MIA flag, military flags, state flags and flags for Indian nations, and has critics crying foul.

Opponents of the law point to the Gadsden flag’s current connection to the Tea Party, and suggest that the rebellious undertones nullify any arguments of patriotism. It’s “hypocritical,” said Democratic state Rep. Ruben Gallego during the debate. And liberal blogger Alan Colmes contrasted Brewer’s approval with her “one day of sanity,” a reference to the Birther veto.

Supporters of the law, however, are adamant that citizens should be able to display what Republican state Rep. David Gowan described as “the first American flag.”

“The tea party may use the flag,” he insisted. “But it is a United States flag.” He has a point.

Today’s political connotations aside, the Gadsden flag has a rich and complex American history. Inspired by Benjamin Franklin’s infamous “Join, Or Die” political cartoon, Philadelphia Marines recruited to aid the newly formed U.S. Navy painted their drummers yellow with a coiled rattlesnake and the motto, “Don’t Tread on Me.”

Around the same time, a South Carolinian Continental Colonel named Christopher Gadsden stitched the insignia and slogan onto a flag at the Second Continental Congress, and later submitted his design to his state’s own Congress, which established Gadsden’s flag as a symbol of patriotic support for democratic governance.

“Col. Gadsden presented to the Congress an elegant standard, such as is to be used by the commander in chief of the American navy; being a yellow field, with a lively representation of a rattle-snake in the middle in the attitude of going to strike and these words underneath, “Don’t Tread on Me!,” the state’s Congress noted, helping bolster the Gadsden Flag’s popularity and nascent historical significance.

From there, the Gadsden flag and its snake spread, taking on new permutations and meanings. For example, the First Navy Jack flag depicts the snake on the Stars and Stripes and flies on all active Navy ships. The snake also appears Drill Sergeant badges, and the proper flag can be seen above a marine character’s home on the Disney cartoon Recess.

The imagery even gets kicked around on Nike soccer balls that support our national men’s team, whose 2010 World Cup uniforms included the rattler, as well.

As with the Confederate Flag, the Gadsden flag has played an important role in our nation’s history, and will probably continue to do so in years to come. Even if some disagree with the messages, citizens have the right to let their flags fly. That’s the true root of the Arizona law, which comes after the HOA told a man named Andy McDonel to remove his Gadsden or face a fine.

The implications of the order and McDonel’s protests were serious enough that the Arizona ACLU got involved. “We believe that (HOAs) don’t have the power to hijack people’s free speech rights,” said the chapter’s executive director, Alessandra Soler Meetze. The Arizona law codifies that position, and actually protects democratic rights. (It’s worth noting that Brewer signed a related law that also protects political signage and door-to-door campaigns from HOA oversight, theoretically fostering more democratic activities.)

While I count the law as a win for free speech, the debate shouldn’t stop. There are plenty of historically significant flags that deserve official recognition. The gay pride flag comes to mind. So too do flags from other nations, and any flag that expresses collective or historical identity.

People may not always use their best judgement when exercising their freedoms of expression and speech — see the Westboro Baptist Church — but that’s their right, and it deserves to be upheld.