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New Arizona HOA flag law is ripe for a constitutional challenge

By Lauren Gilger
Published: Monday, June 20, 2022 - 11:59am
Updated: Tuesday, June 21, 2022 - 9:00am

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A POW/MIA flag flies with an American flag
Sky Schaudt/KJZZ
A POW/MIA flag flies with an American flag.

Earlier this month, Gov. Doug Ducey signed a bill into law that would force HOAs to allow residents to fly flags that support law enforcement and first responders. But they won’t be able to raise a flag proclaiming gay pride or Black Lives Matter unless their HOA approves.

The bill’s sponsor, Fountain Hills Republican John Kavanagh, said he would be willing to support a bill that allows any flag that isn’t obscene or promotes illegal activity, but the votes weren’t there this time around at the GOP-dominated state Capitol.

Gregg Leslie is the executive director of the First Amendment Clinic at Arizona State University's Sandra Day O'Connor College of Law.

The Show spoke with him about the first amendment implications of a law like this, and whether or not he thinks it passes constitutional muster.

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