| Shorttitle: | Freedom to Display the American Flag Act of 2005 |
| Longtitle: | An Act to ensure that the right of an individual to display the flag of the United States on residential property not be abridged |
| Enacted By: | 109th |
| Introducedin: | House |
| Introducedbill: | H.R. 42 |
| Introducedby: | Roscoe Bartlett (R–MD) |
| Introduceddate: | January 4, 2005 |
| Passedbody1: | House |
| Passeddate1: | June 27, 2006 |
| Passedvote1: | voice vote |
| Passedbody2: | Senate |
| Passeddate2: | July 17, 2006 |
| Passedvote2: | unanimous consent |
| Signedpresident: | George W. Bush |
| Signeddate: | July 24, 2006 |
The Freedom to Display the American Flag Act of 2005 is an Act of Congress that prohibits condominium associations, cooperative associations, and residential real estate management associations from restricting homeowners from displaying the flag of the United States on their property or property as to which they have a right to exclusive possession or use.
The bill was introduced into the 109th Congress on January 4, 2005.[1] It was sponsored by Roscoe Bartlett and 13 other members of the House of Representatives.[1] Both houses adopted it by unanimous consent.[2]
In signing the act, President George W. Bush said: "Americans have long flown our flag at their homes as an expression of their appreciation for our freedoms and their pride in our Nation. As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens' right to express their patriotism here at home without burdensome restrictions."[4]
The "Freedom to Display the American Flag Act of 2005" is an Act of Congress that prohibits condominium associations, cooperative associations, and resident real estate management associations from restricting homeowners from adopting or enforce any policy, or entering 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."[5]
The word flag in the act includes any flag or of any part of a flag "upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag ... of the United States of America."[5] [6]