Judge rules veteran had right to fly flag upside down

Judge Rules for Vet Who Flew Flag Upside Down
Milwaukee Journal Sentinel
Jun 12, 2013

A federal judge has ruled in favor of a former Crivitz man who flew an American flag upside down to protest the village's denial of a liquor license for his supper club. Citing fears that angry parade goers might harm Vito Congine Jr. or damage his club, police went on his property and confiscated the flag on July 4, 2009.

Congine sued, and late last month Chief U.S. District Judge William Griesbach ruled in Congine's favor.

"There must be more than the mere potential for a breach of the peace to justify censorship of expressive conduct," Griesbach wrote in a 21-page order.

"While it may be a good practice for law enforcement officers to envision worst case scenarios, they cannot intrude on protected speech on the basis of such scenarios, absent a clear and present danger.

"If the mere possibility of violence is sufficient to justify government intrusion, this essential freedom can become little more than a mirage."

Griesbach found that the village had violated Congine's constitutional rights, but that Marinette County District Attorney Allen Brey, who had advised Crivitiz police by phone that they should take down the flag if a riot was the alternative, had qualified immunity from liability.
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