Upside down American flag seized by police

[Sunni Man]

WAUSAU, Wis. – An American flag flown upside down as a protest in a northern Wisconsin village was seized by police before a Fourth of July parade and the businessman who flew it — an Iraq war veteran — claims the officers trespassed and stole his property.

A day after the parade, police returned the flag and the man's protest — over a liquor license — continued.

The American Civil Liberties Union of Wisconsin is considering legal action against the village of Crivitz for violating Vito Congine Jr.'s' First Amendment rights, Executive Director Chris Ahmuty said.

"It is not often that you see something this blatant," Ahmuty said.

In mid-June, Congine, 46, began flying the flag upside down — an accepted way to signal distress — outside the restaurant he wants to open in Crivitz, a village of about 1,000 people some 65 miles north of Green Bay.

He said his distress is likely bankruptcy because the village board refused to grant him a liquor license after he spent nearly $200,000 to buy and remodel a downtown building for an Italian supper club.

Congine's upside-down-flag represents distress to him; to others in town, it represents disrespect of the flag.

Hours before a Fourth of July parade, four police officers went to Congine's property and removed the flag under the advice of Marinette County District Attorney Allen Brey.

Neighbor Steven Klein watched in disbelief.

"I said, 'What are you doing?' Klein said. "They said, 'It is none of your business.'"

The next day, police returned the flag.

Brey declined comment Friday.

Marinette County Sheriff Jim Kanikula said it was not illegal to fly the flag upside down but people were upset and it was the Fourth of July.

"It is illegal to cause a disruption," he said.

The parade went on without any problems, Kanikula said.

Village President John Deschane, 60, an Army veteran who served in Vietnam, said many people in town believe it's disrespectful to fly the flag upside down.

"If he wants to protest, let him protest but find a different way to do it," Deschane said.

Congine, a Marine veteran who served in Iraq in 2004, said he intends to keep flying the flag upside down.

"It is pretty bad when I go and fight a tyrannical government somewhere else," Congine said, "and then I come home to find it right here at my front door."

www.AP.com

 

[Smartt33]

WAUSAU, Wis. – An American flag flown upside down as a protest in a northern Wisconsin village was seized by police before a Fourth of July parade and the businessman who flew it — an Iraq war veteran — claims the officers trespassed and stole his property.

A day after the parade, police returned the flag and the man's protest — over a liquor license — continued.

The American Civil Liberties Union of Wisconsin is considering legal action against the village of Crivitz for violating Vito Congine Jr.'s' First Amendment rights, Executive Director Chris Ahmuty said.

"It is not often that you see something this blatant," Ahmuty said.

In mid-June, Congine, 46, began flying the flag upside down — an accepted way to signal distress — outside the restaurant he wants to open in Crivitz, a village of about 1,000 people some 65 miles north of Green Bay.

He said his distress is likely bankruptcy because the village board refused to grant him a liquor license after he spent nearly $200,000 to buy and remodel a downtown building for an Italian supper club.

Congine's upside-down-flag represents distress to him; to others in town, it represents disrespect of the flag.

Hours before a Fourth of July parade, four police officers went to Congine's property and removed the flag under the advice of Marinette County District Attorney Allen Brey.

Neighbor Steven Klein watched in disbelief.

"I said, 'What are you doing?' Klein said. "They said, 'It is none of your business.'"

The next day, police returned the flag.

Brey declined comment Friday.

Marinette County Sheriff Jim Kanikula said it was not illegal to fly the flag upside down but people were upset and it was the Fourth of July.

"It is illegal to cause a disruption," he said.

The parade went on without any problems, Kanikula said.

Village President John Deschane, 60, an Army veteran who served in Vietnam, said many people in town believe it's disrespectful to fly the flag upside down.

"If he wants to protest, let him protest but find a different way to do it," Deschane said.

Congine, a Marine veteran who served in Iraq in 2004, said he intends to keep flying the flag upside down.

"It is pretty bad when I go and fight a tyrannical government somewhere else," Congine said, "and then I come home to find it right here at my front door."

AP: High Performance Audio Analyzer & Audio Test Instruments

The man did nothing wrong, and the village government did everything wrong.

 

[Diuretic]

DA=stupid
Cops=at fault for not realising DA=stupid

 

[CrimsonWhite]

WAUSAU, Wis. – An American flag flown upside down as a protest in a northern Wisconsin village was seized by police before a Fourth of July parade and the businessman who flew it — an Iraq war veteran — claims the officers trespassed and stole his property.

A day after the parade, police returned the flag and the man's protest — over a liquor license — continued.

The American Civil Liberties Union of Wisconsin is considering legal action against the village of Crivitz for violating Vito Congine Jr.'s' First Amendment rights, Executive Director Chris Ahmuty said.

"It is not often that you see something this blatant," Ahmuty said.

In mid-June, Congine, 46, began flying the flag upside down — an accepted way to signal distress — outside the restaurant he wants to open in Crivitz, a village of about 1,000 people some 65 miles north of Green Bay.

He said his distress is likely bankruptcy because the village board refused to grant him a liquor license after he spent nearly $200,000 to buy and remodel a downtown building for an Italian supper club.

Congine's upside-down-flag represents distress to him; to others in town, it represents disrespect of the flag.

Hours before a Fourth of July parade, four police officers went to Congine's property and removed the flag under the advice of Marinette County District Attorney Allen Brey.

Neighbor Steven Klein watched in disbelief.

"I said, 'What are you doing?' Klein said. "They said, 'It is none of your business.'"

The next day, police returned the flag.

Brey declined comment Friday.

Marinette County Sheriff Jim Kanikula said it was not illegal to fly the flag upside down but people were upset and it was the Fourth of July.

"It is illegal to cause a disruption," he said.

The parade went on without any problems, Kanikula said.

Village President John Deschane, 60, an Army veteran who served in Vietnam, said many people in town believe it's disrespectful to fly the flag upside down.

"If he wants to protest, let him protest but find a different way to do it," Deschane said.

Congine, a Marine veteran who served in Iraq in 2004, said he intends to keep flying the flag upside down.

"It is pretty bad when I go and fight a tyrannical government somewhere else," Congine said, "and then I come home to find it right here at my front door."

AP: High Performance Audio Analyzer & Audio Test Instruments

The man did nothing wrong, and the village government did everything wrong.

Bullshit. Flying the flag upside is a desecration to the flag. This man was not under distress, he was protesting in a way that would have shown a great amount of disrespect to our flag on a day when he, as a veteran, should have been honoring that flag and what he and those before him fought for. Fuck this guy, he should have known better.

 

[RodISHI]

WAUSAU, Wis. – An American flag flown upside down as a protest in a northern Wisconsin village was seized by police before a Fourth of July parade and the businessman who flew it — an Iraq war veteran — claims the officers trespassed and stole his property.

A day after the parade, police returned the flag and the man's protest — over a liquor license — continued.

The American Civil Liberties Union of Wisconsin is considering legal action against the village of Crivitz for violating Vito Congine Jr.'s' First Amendment rights, Executive Director Chris Ahmuty said.

"It is not often that you see something this blatant," Ahmuty said.

In mid-June, Congine, 46, began flying the flag upside down — an accepted way to signal distress — outside the restaurant he wants to open in Crivitz, a village of about 1,000 people some 65 miles north of Green Bay.

He said his distress is likely bankruptcy because the village board refused to grant him a liquor license after he spent nearly $200,000 to buy and remodel a downtown building for an Italian supper club.

Congine's upside-down-flag represents distress to him; to others in town, it represents disrespect of the flag.

Hours before a Fourth of July parade, four police officers went to Congine's property and removed the flag under the advice of Marinette County District Attorney Allen Brey.

Neighbor Steven Klein watched in disbelief.

"I said, 'What are you doing?' Klein said. "They said, 'It is none of your business.'"

The next day, police returned the flag.

Brey declined comment Friday.

Marinette County Sheriff Jim Kanikula said it was not illegal to fly the flag upside down but people were upset and it was the Fourth of July.

"It is illegal to cause a disruption," he said.

The parade went on without any problems, Kanikula said.

Village President John Deschane, 60, an Army veteran who served in Vietnam, said many people in town believe it's disrespectful to fly the flag upside down.

"If he wants to protest, let him protest but find a different way to do it," Deschane said.

Congine, a Marine veteran who served in Iraq in 2004, said he intends to keep flying the flag upside down.

"It is pretty bad when I go and fight a tyrannical government somewhere else," Congine said, "and then I come home to find it right here at my front door."

AP: High Performance Audio Analyzer & Audio Test Instruments

The man did nothing wrong, and the village government did everything wrong.

Bullshit. Flying the flag upside is a desecration to the flag. This man was not under distress, he was protesting in a way that would have shown a great amount of disrespect to our flag on a day when he, as a veteran, should have been honoring that flag and what he and those before him fought for. Fuck this guy, he should have known better.

Nope it is historically and traditional well known flying the flag upside down is a distress call.

Excerpt Article from Prison Planet....As is supported by the United States Flag Code as well as a similar incident in 2001, flyinThe code formalizes and unifies the traditional ways in which we give respect to the flag and includes the following:
From North County Times,
Upside down flag is distress signal
MARGA KELLOGG
Staff Writer
# The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal.

# The flag should not be used as a drapery, or for covering a speakers desk, draping a platform, or for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.

# The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard.

# The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations.

# The flag should never have placed on it, or attached to it, any mark, insignia, letter, word, number, figure, or drawing of any kind.

# The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. g the flag upside down is not a mark of disrespect, and in fact is considered by many to be the highest form of patriotism.

Veterans Call for Flags to Fly Upside Down (July 4th)
RNews ^ | 7/1/09 | Mike Hedeen

Posted on Wednesday, July 01, 2009 9:18:50 PM by Sammy67

War veterans are asking Americans across the country to fly their flags upside down this Fourth of July weekend. They say it’s a sign of distress and a protest against the Veterans Administration.

A small group of veterans picketed outside the Canandaigua VA Hospital Wednesday afternoon. They were protesting the closing of VA hospitals across the country. They say those that aren't closing are being sold off or leased to outside interests, depriving veterans the treatment they have earned.

Displaying the American flag upside down, however, is considered by some to be disrespectful.

“We're not disgracing the flag but telling the public be on the alert,” said Gene Simes, a U.S. Marine Corps veteran. “This is a distress call."

The vets believe their message is not being received.

 

[CrimsonWhite]

The man did nothing wrong, and the village government did everything wrong.

Bullshit. Flying the flag upside is a desecration to the flag. This man was not under distress, he was protesting in a way that would have shown a great amount of disrespect to our flag on a day when he, as a veteran, should have been honoring that flag and what he and those before him fought for. Fuck this guy, he should have known better.

Nope it is historically and traditional well known flying the flag upside down is a distress call.

Excerpt Article from Prison Planet....As is supported by the United States Flag Code as well as a similar incident in 2001, flyinThe code formalizes and unifies the traditional ways in which we give respect to the flag and includes the following:
From North County Times,
Upside down flag is distress signal
MARGA KELLOGG
Staff Writer
# The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal.

# The flag should not be used as a drapery, or for covering a speakers desk, draping a platform, or for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.

# The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard.

# The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations.

# The flag should never have placed on it, or attached to it, any mark, insignia, letter, word, number, figure, or drawing of any kind.

# The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. g the flag upside down is not a mark of disrespect, and in fact is considered by many to be the highest form of patriotism.

Veterans Call for Flags to Fly Upside Down (July 4th)
RNews ^ | 7/1/09 | Mike Hedeen

Posted on Wednesday, July 01, 2009 9:18:50 PM by Sammy67

War veterans are asking Americans across the country to fly their flags upside down this Fourth of July weekend. They say it’s a sign of distress and a protest against the Veterans Administration.

A small group of veterans picketed outside the Canandaigua VA Hospital Wednesday afternoon. They were protesting the closing of VA hospitals across the country. They say those that aren't closing are being sold off or leased to outside interests, depriving veterans the treatment they have earned.

Displaying the American flag upside down, however, is considered by some to be disrespectful.

“We're not disgracing the flag but telling the public be on the alert,” said Gene Simes, a U.S. Marine Corps veteran. “This is a distress call."

The vets believe their message is not being received.

I bolded the part that is not from the link you provided. I assume it is opinion, correct?

I recognized in my post that it is a distress call, but he wasn't under any distress. He isn't using it to bring notice to veterans rights, he is protesting the fact that he can't have a god damned liquor license. It was disrespectful. He knows it. The cops knew it, I know it and you know it.

When not in actual distress, flying the flag upside down is a desecration.

 

[Diuretic]

....

I recognized in my post that it is a distress call, but he wasn't under any distress. He isn't using it to bring notice to veterans rights, he is protesting the fact that he can't have a god damned liquor license. It was disrespectful. He knows it. The cops knew it, I know it and you know it.

When not in actual distress, flying the flag upside down is a desecration.

But is it a criminal offence?

 

[CrimsonWhite]

....

I recognized in my post that it is a distress call, but he wasn't under any distress. He isn't using it to bring notice to veterans rights, he is protesting the fact that he can't have a god damned liquor license. It was disrespectful. He knows it. The cops knew it, I know it and you know it.

When not in actual distress, flying the flag upside down is a desecration.

But is it a criminal offence?

Were criminal charges filed?

 

[Diuretic]

....

I recognized in my post that it is a distress call, but he wasn't under any distress. He isn't using it to bring notice to veterans rights, he is protesting the fact that he can't have a god damned liquor license. It was disrespectful. He knows it. The cops knew it, I know it and you know it.

When not in actual distress, flying the flag upside down is a desecration.

But is it a criminal offence?

Were criminal charges filed?

I have no idea. But that doesn't address my question - you said flying the flag upside down is a desecration. That's as may be, but is it a criminal offence in Wisconsin? If it is then the DA and police acted properly; if it isn't then the DA and police didn't act properly.

 

[RodISHI]

Bullshit. Flying the flag upside is a desecration to the flag. This man was not under distress, he was protesting in a way that would have shown a great amount of disrespect to our flag on a day when he, as a veteran, should have been honoring that flag and what he and those before him fought for. Fuck this guy, he should have known better.

Nope it is historically and traditional well known flying the flag upside down is a distress call.

Veterans Call for Flags to Fly Upside Down (July 4th)
RNews ^ | 7/1/09 | Mike Hedeen

Posted on Wednesday, July 01, 2009 9:18:50 PM by Sammy67

War veterans are asking Americans across the country to fly their flags upside down this Fourth of July weekend. They say it’s a sign of distress and a protest against the Veterans Administration.

A small group of veterans picketed outside the Canandaigua VA Hospital Wednesday afternoon. They were protesting the closing of VA hospitals across the country. They say those that aren't closing are being sold off or leased to outside interests, depriving veterans the treatment they have earned.

Displaying the American flag upside down, however, is considered by some to be disrespectful.

“We're not disgracing the flag but telling the public be on the alert,” said Gene Simes, a U.S. Marine Corps veteran. “This is a distress call."

The vets believe their message is not being received.

I bolded the part that is not from the link you provided. I assume it is opinion, correct?

I recognized in my post that it is a distress call, but he wasn't under any distress. He isn't using it to bring notice to veterans rights, he is protesting the fact that he can't have a god damned liquor license. It was disrespectful. He knows it. The cops knew it, I know it and you know it.

When not in actual distress, flying the flag upside down is a desecration.

Who decides what is distress? That is where the problem lies. Not to long ago here in Iowa in a small town a man's property was being stolen from him. He displayed the flag upside down. He was arrested for flying the flag as a distress call. The arrest did not stand. All it did arrested that man "a veteran" was show what our society has become as far as some are concerned. Theft from a citizen is okay dokey if one agrees with what is happening regardless of the law.

Flag Frequently Asked Questions

* Is it okay to display the flag upside down to protest the war, the economy, the election, crime, liquor licenses, etc.?

The Flag Code states, "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." It is an unreasonable stretch to argue that the political purposes constitute "dire distress." Clearly this was intended as a call for immediate emergency assistance. We recommend that people who wish to express their political views find a way to do so that is respectful of the flag. Remember that to some the flag represents the government of the US and its policies; but it also represents the sacrifices made in all generations to protect our freedoms. It represents the promise of the Declaration. It represents our freedom of speech and our freedom to practice or not practice religion as we choose. It represents one nation in its stength and glory. It represents faith in a better future. We recommend that you show your respect for the country and for the flag and make your political views known in other ways. It is not illegal, it is disrespectful to the memory of those who gave their lives protecting your freedom to protest.

* In the News:: Dispute Over Flag Protest Erupts in Wisc. Village [July 10, 2009]

* In the News:: Veterans group with a gripe upends the Stars and Stripes [June 26, 2009]

* In the News:: Vets upset about upside down flag [May 6, 2009]

* In the News:: Las Cruces veteran upends flag to protest Obama [November 7, 2008]

* In the News:: Police can't cite upside-down-flag flier [June 28, 2008]

Flag Code


If y'all are going to be so picky about the flag then get after the importers that are not licensed to copy the flag. Is your flag an official flag? Is it an American made flag? If so you have every right legally to fly your legally made American flag upside down when you feel you life, freedom or property is in danger.

 

[jgbkab]

He's an asshole for flying the flag upside down but the DA and the cops really fucked up by trampling on his fourth amendment rights. A DA worth his weight would have manufactured a charge to try to protect the city. Too bad this will be judged in a court of law and not the court of public opinion.

 

[Kevin_Kennedy]

The cops illegally went onto his property and then stole from him. There's no law saying that you can't fly the flag upside down.

 

[CrimsonWhite]

"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."

The man was in Iowa was well within the code to fly the flag upside as his property was being stolen. Imminent Domain I believe was the case. This man in Wisconsin was not in "dire distress" as there was no danger to his life or his property. The code clearly states the criteria of this lawful use of the flag. In his case it was a desecration, whether the flag was made in the US or not.

Nope it is historically and traditional well known flying the flag upside down is a distress call.

I bolded the part that is not from the link you provided. I assume it is opinion, correct?

I recognized in my post that it is a distress call, but he wasn't under any distress. He isn't using it to bring notice to veterans rights, he is protesting the fact that he can't have a god damned liquor license. It was disrespectful. He knows it. The cops knew it, I know it and you know it.

When not in actual distress, flying the flag upside down is a desecration.

Who decides what is distress? That is where the problem lies. Not to long ago here in Iowa in a small town a man's property was being stolen from him. He displayed the flag upside down. He was arrested for flying the flag as a distress call. The arrest did not stand. All it did arrested that man "a veteran" was show what our society has become as far as some are concerned. Theft from a citizen is okay dokey if one agrees with what is happening regardless of the law.

Flag Frequently Asked Questions

* Is it okay to display the flag upside down to protest the war, the economy, the election, crime, liquor licenses, etc.?

The Flag Code states, "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." It is an unreasonable stretch to argue that the political purposes constitute "dire distress." Clearly this was intended as a call for immediate emergency assistance. We recommend that people who wish to express their political views find a way to do so that is respectful of the flag. Remember that to some the flag represents the government of the US and its policies; but it also represents the sacrifices made in all generations to protect our freedoms. It represents the promise of the Declaration. It represents our freedom of speech and our freedom to practice or not practice religion as we choose. It represents one nation in its stength and glory. It represents faith in a better future. We recommend that you show your respect for the country and for the flag and make your political views known in other ways. It is not illegal, it is disrespectful to the memory of those who gave their lives protecting your freedom to protest.

* In the News:: Dispute Over Flag Protest Erupts in Wisc. Village [July 10, 2009]

* In the News:: Veterans group with a gripe upends the Stars and Stripes [June 26, 2009]

* In the News:: Vets upset about upside down flag [May 6, 2009]

* In the News:: Las Cruces veteran upends flag to protest Obama [November 7, 2008]

* In the News:: Police can't cite upside-down-flag flier [June 28, 2008]

Flag Code


If y'all are going to be so picky about the flag then get after the importers that are not licensed to copy the flag. Is your flag an official flag? Is it an American made flag? If so you have every right legally to fly your legally made American flag upside down when you feel you life, freedom or property is in danger.

 

[CrimsonWhite]

The cops illegally went onto his property and then stole from him. There's no law saying that you can't fly the flag upside down.

There is no law against it, but there is a strict code that governs it.

 

[Kevin_Kennedy]

The cops illegally went onto his property and then stole from him. There's no law saying that you can't fly the flag upside down.

There is no law against it, but there is a strict code that governs it.

Private property is private property. The police had no right to go on his land and seize his property considering no laws were broken.

 

[CrimsonWhite]

But is it a criminal offence?

Were criminal charges filed?

I have no idea. But that doesn't address my question - you said flying the flag upside down is a desecration. That's as may be, but is it a criminal offence in Wisconsin? If it is then the DA and police acted properly; if it isn't then the DA and police didn't act properly.

The DA in fact acted improperly. The police acted improperly as they were driven by emotion. The man flying the flag acted improperly as he was not in compliance with secton 285b of Title 2 of the US Code. Therefore flyng it upside down was a desecration. The man got his flag back. No charges were filed. The guy should let it go, before the US Attorney's office gets involved.

 

[CrimsonWhite]

The cops illegally went onto his property and then stole from him. There's no law saying that you can't fly the flag upside down.

There is no law against it, but there is a strict code that governs it.

Private property is private property. The police had no right to go on his land and seize his property considering no laws were broken.

Section 285b of Title 2 of the US Code. Read it then explain to me how the man was in dire distress with etreme danger to life or property. If you can successfully do that, then I will admit that no laws were broken. The fact is, the man was in flagrant violation of the US Code. This DA, the cops, nor anybody else knew this, but that changes nothing.

But hey, I'll play. Even a shitty attorney could make a case for disturbing the peace with this one. If the peace was truly disturbed, then the police had every right within the law to seize the flag, just as they would alcohol at a party that was out of hand.

 

[Diuretic]

There is no law against it, but there is a strict code that governs it.

Private property is private property. The police had no right to go on his land and seize his property considering no laws were broken.

Section 285b of Title 2 of the US Code. Read it then explain to me how the man was in dire distress with etreme danger to life or property. If you can successfully do that, then I will admit that no laws were broken. The fact is, the man was in flagrant violation of the US Code. This DA, the cops, nor anybody else knew this, but that changes nothing.

But hey, I'll play. Even a shitty attorney could make a case for disturbing the peace with this one. If the peace was truly disturbed, then the police had every right within the law to seize the flag, just as they would alcohol at a party that was out of hand.

What's the penalty for a breach of Section 285b Title 2?

 

[Kevin_Kennedy]

There is no law against it, but there is a strict code that governs it.

Private property is private property. The police had no right to go on his land and seize his property considering no laws were broken.

Section 285b of Title 2 of the US Code. Read it then explain to me how the man was in dire distress with etreme danger to life or property. If you can successfully do that, then I will admit that no laws were broken. The fact is, the man was in flagrant violation of the US Code. This DA, the cops, nor anybody else knew this, but that changes nothing.

But hey, I'll play. Even a shitty attorney could make a case for disturbing the peace with this one. If the peace was truly disturbed, then the police had every right within the law to seize the flag, just as they would alcohol at a party that was out of hand.

He was protesting the government not allowing him to conduct his business.

What peace was disturbed? They claimed that it could upset some of the other veterans that would being in the parade. Also, if people are getting drunk and being rowdy then they are violating other people's rights. Flying a flag upside down has no such effect.

 

[CrimsonWhite]

Private property is private property. The police had no right to go on his land and seize his property considering no laws were broken.

Section 285b of Title 2 of the US Code. Read it then explain to me how the man was in dire distress with etreme danger to life or property. If you can successfully do that, then I will admit that no laws were broken. The fact is, the man was in flagrant violation of the US Code. This DA, the cops, nor anybody else knew this, but that changes nothing.

But hey, I'll play. Even a shitty attorney could make a case for disturbing the peace with this one. If the peace was truly disturbed, then the police had every right within the law to seize the flag, just as they would alcohol at a party that was out of hand.

What's the penalty for a breach of Section 285b Title 2?

There are no penalties imposed at the federal level. The code allows for the states to impose there own own laws and penalties for the US Flag. As I am not licensed to practice in Wisconsn and have only been to the stae for football games, I cannot even begin to tell what their laws are. However, the man was still in violation of the US Code, whether he can be punished for it or not.

Disturbance of the peace is a better argument for the government here. If the fact that he was flying the flag upside was causing a public distubance, much like a loud car stereo, then the police would have every right to confiscate the flag just as they would have the right to remove the stereo from the car. This of course may not be relevant in Wisconsin, but the general idea applies.