WASHINGTON — The veteran organization the American Legion weighed in on the upside-down American flag controversy on Thursday, noting that flags should only be flown this way if there is "extreme danger to life or property."
The potential implications of flying an American flag upside down have been the subject of debate since reports emerged that an upside-down flag flew outside Supreme Court Justice Samuel Alito's home in early 2021. The justice said the flag was raised by his wife, Martha-Ann.
Some supporters of former President Donald Trump have also reportedly flown upside-down flags in support of the former president falsely claiming that the 2020 election was stolen, leading it to be interpreted as a "stop the steal" symbol.
"The American flag is a symbol of courage, strength, freedom and democracy," said the American Legion National Commander Daniel Seehafer in a statement to NBC News. "American Legion members swore with their lives to protect all that the flag stands for."
Seehafer pointed to the Flag Code, a detailed set of guidelines laying out how the American flag should be displayed, as evidence the flag should not be inverted unless to signal distress.
"Our organization also led the creation of the U.S. Flag Code, which includes the following: ‘The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property,’” Seehafer said.
Alito had told Fox News last month that his wife flew the upside-down flag after an argument with a neighbor. Martha-Ann Alito told The Washington Post in January 2021 that the upside-down flag was "an international signal of distress" and appeared to indicate it was raised in reference to a neighborhood argument.
But the Alitos' timeline was thrown into question by the neighbor whose conduct was cited as the reason for the flag being hoisted upside down.
That neighbor, Emily Baden, said she did not personally see the upside-down flag, which The New York Times reported was displayed as early as Jan. 17, 2021. But Baden said that her argument with the Alitos took place nearly a month later, on Feb. 15.
The Alitos "seem to be implying that it happened directly before they put up the flag,” Baden told NBC News, adding that it was a “lie.”
The American Legion has weighed in on American flag-related controversies before.
In 2016, Trump said in a post to X that "nobody should be allowed to burn the American flag."
He added that "if they do, there must be consequences — perhaps loss of citizenship or year in jail!"
The American Legion praised Trump's comments, with the group's then-National Commander Charles E. Schmidt saying that "no one should tolerate desecration of the American flag.” The group went on to push for a constitutional ban on flag-burning. The most recent attempt to implement a constitutional amendment banning flag-burning failed by one vote in 2006.
The American Legion has nearly 2 million members, making it the “largest wartime veterans service organization,” according to their website.
