Mitchell’s flag bill doesn’t fly

Property tax reform can wait. The Montana Legislature has far more pressing matters at hand — like flag displays.  

If that wasn’t on your legislative priority list, it is now.   

Rep. Braxton Mitchell, R-Columbia Falls, introduced House Bill 819, which restricts flags and banners with nongovernmental or politically charged symbols from being displayed on grounds owned or leased by state, county and local governments, including public schools, universities, courthouses and administrative buildings.  

“Allowing nongovernmental or politically charged symbols on state property creates inconsistency in enforcement, legal challenges, and public divisiveness, undermining the neutrality and inclusivity of government spaces,” a section of Mitchell’s bill reads.  

While that sounds righteous and well-meaning, the bill itself quickly wades into partisanship as Mitchell hand picks which flags fit his definition of “politically charged.”  

Along with the U.S., state and tribal flags, the bill sets out a vague description of “historical flags” that would also be allowed for display. According to Mitchell, that could include the Confederate flag or the Gadsden flag.  

Of course, the Confederate Stars and Bars is ripe with the polarization and divisiveness that Mitchell claims to be seeking to eradicate. The historical “Don’t tread on me” Gadsden flag has taken on its own political connotations and has even been adopted by some fringe groups.  

If the intent of the law if to promote the “inclusivity of government spaces,” why allow these provocative flags, but not the LGBTQ+ pride flag that’s entire premise is inclusivity?  

It seems like Mitchell is cherry picking ideology.  

Meanwhile, the bill’s overly broad definition of governmental displays, flags and banners is sure to set up a legal fight.  

Sen. Ellie Boldman, D-Missoula, described the bill as “a First Amendment nightmare,” questioning whether a picture of a rainbow on a teacher’s door or a cross decal on a student’s locker might be prohibited under the law.   

In fact, the Supreme Court decided in 1969’s Tinker v. Des Moines that students do not lose free speech rights inside a public school after a group of students were suspended for wearing black armbands to protest the Vietnam War. The landmark case could weigh heavily into potential legal arguments about Mitchell’s bill.  

And that is why the Legislature’s passage of HB 819 matters.   

Instead of focusing on issues that tangibly affect Montanans’ everyday lives — live taxes, school funding and infrastructure — this elected body is squandering time and money debating a morally insincere bill propped up on dubious legal footings that could cost the state untold legal fees to defend in court.  

Gov. Greg Gianforte should lower the flag on this suspect legislation in the name of efficient and prudent governance.