The New Jersey town of West New York is contemplating a ban on the exhibition of flags, banners, and pennants. News story here. Someone needs to inform the town legislators of the existence of the First Amendment and its application to them. Flags are inherently a form of symbolic expression, and this is especially so with national flags. See Texas v. Johnson. A rainbow flag is a form of symbolic expression. So is a New York Giants flag or pennant. The proposed ban is content based, though not viewpoint based. As such, the town would have to surmount the burden of strict scrutiny, which it almost certinly could not do. It is hard to imagine a compelling reason for squelching such symbolic expression. Even if the ban is considered content neutral, it would still fail under the rationale of City of Ladue v. Gilleo. The ban would extirpate a venerable and unique form of expression. It's distressing to observe yet another band of constitutionally illiterate legislators.