(1) No flag or banner may be displayed in or on government property, including but not limited to state buildings and grounds, public schools, and other government-owned facilities, other than the following flags and banners:
- (a) the United States flag;
- (b) the official flag of the state of Montana, or any county, municipality, special district, or other political subdivision within the state;
- (c) the official flag of a school district, public university, or community college;
- (d) the official flag of any state in the United States;
- (e) the official flag of any federally recognized tribal nation;
- (f) the official flag of any federally recognized foreign nation;
- (g) the official flag of any of the branches and units of the United States military;
- (h) official historical flags of the United States and the state of Montana, including but not limited to the Betsy Ross flag, Gadsden flag, and other flags of historical significance;
- (i) the POW/MIA flag, as provided in 1-1-541;
- (j) flags or banners representing official school mascots and colors; and
- (k) official law enforcement flags, including but not limited to flags honoring law enforcement officers and fallen officers.
(2)
- (a) No flags or banners may be displayed on state property that represent a political viewpoint, including but not limited to flags or banners regarding a political party, race, sexual orientation, gender, or political ideology.
- (b) Subsection (2)(a) does not apply to flags recognizing official government entities, law enforcement agencies, military branches, or public service organizations.
- (3) Nothing in 1-1-545 through 1-1-547 may be construed to limit the private speech of individuals, and nothing in 1-1-545 through 1-1-547 may be interpreted to restrict expressions of personal belief outside of official government displays.
- (4) Sections 1-1-545 through 1-1-547 do not apply to personal clothing, jewelry, or accessories worn by government employees, except where specific uniform policies or official dress codes apply.
History: En. Sec. 3, Ch. 731, L. 2025.