Tennessee House Bill HB0304

Tennessee 2025-2026 Regular Session

• Introduced: 1/22/25
• Refer: 2/3/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Section 5-5-114; Section 6-54-144; Title 7; Section 15-2-116; Title 49; Title 55; Title 58 and Title 65, Chapter 31, Part 1, relative to the display of flags.

Summary

HB0304 would restrict the display of flags by state and local governments and by public schools in Tennessee. For governmental entities, the bill generally prohibits displaying any flag other than the U.S. flag or the official Tennessee state flag on public courthouses, roadways, and sidewalks under government control, and it defines “display” broadly to include painted, projected, or otherwise created images of flags. It also creates a private right of action allowing any Tennessee citizen to sue to enforce these limits, with prevailing plaintiffs entitled to recover reasonable costs, attorneys’ fees, and expenses. The bill also revises school flag rules. It would prohibit LEAs and public charter schools from displaying flags other than a specified list that includes the U.S. flag, Tennessee flag, POW/MIA flag, tribal flags, flags of political subdivisions, military unit flags, foreign national flags, college or university flags, curriculum-related flags, official school flags, and flags of organizations authorized to use school property. The school provision is expressly limited by state and federal constitutional protections and includes severability language. In addition, the bill amends a POW/MIA flag statute to clarify where that flag may be displayed when a county’s main administrative building is also a courthouse.

Impact

If enacted, the bill would amend multiple parts of the Tennessee Code to narrow the flags that may be displayed by governmental entities, local governments, and public schools, while also expanding enforcement through citizen lawsuits. It would affect state and local property use rules for courthouses, roadways, sidewalks, and school facilities, and it would likely require agencies, counties, municipalities, LEAs, and charter schools to review existing flag displays for compliance. The bill also modifies the POW/MIA flag provisions in Title 58 to address county administrative buildings that are courthouses.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the text alone, the bill appears to reflect a strong regulatory approach to limiting government and school displays of flags, while preserving a set of exceptions for patriotic, governmental, educational, military, tribal, and authorized organizational uses. The inclusion of constitutional caveats suggests awareness that the school restrictions could raise First Amendment concerns.

Contention

The most likely points of contention are the breadth of the restrictions and the private enforcement mechanism. Critics may object that the bill limits expressive conduct by government entities and schools, especially because “display” is defined broadly to include images painted or projected on public surfaces. The school provision may also be controversial because it restricts which flags can be shown to students, even though it includes exceptions and a constitutional savings clause. Supporters would likely emphasize uniformity, neutrality in government spaces, and protection of patriotic symbols, while opponents may focus on free speech, local control, and the risk of litigation from citizen-plaintiff enforcement.