Wisconsin Senate Bill SB40

Wisconsin 2025-2026 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25

Caption

Flags flown, hung, or displayed from a flagpole or the exterior of state and local buildings and eliminating a related administrative rule.

Impact

If passed, SB40 will have significant implications for existing statutes governing the display of flags in Wisconsin. Local governments and schools will be restricted from allowing other flags to be flown, with some exceptions for specific ceremonial flags such as those commemorating veterans or representing federally recognized American Indian tribes. This could limit local expressions of identity or support for various causes within their communities, leading to possible challenges in local governance and self-expression.

Summary

Senate Bill 40 (SB40) introduces regulations concerning the display of flags in Wisconsin. Under this bill, only the United States flag and the Wisconsin state flag are permitted to be flown from flagpoles or displayed on the exteriors of state and local government buildings, including school facilities. The bill aims to standardize flag representation across public buildings while eliminating certain administrative rules that allowed for broader flag displays. It seeks to ensure that political or ideological expressions are not visually represented through flag displays at state and local facilities.

Contention

The bill has sparked discussions regarding the balance between upholding national and state symbols and allowing for local and individual expressions through flags. While supporters argue that this measure reduces the potential for divisive political displays and maintains a sense of unity in public spaces, critics contend that it infringes on local autonomy and fails to recognize the significance of other flags as symbols of community and identity. The restriction on flags that represent social causes or political viewpoints raises concerns about potential First Amendment violations and the ability of local entities to acknowledge and celebrate diverse identities in public spaces.