Tennessee Senate Bill SB0266

Tennessee 2025-2026 Regular Session

• Introduced: 1/23/25

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

SB0266 would significantly restrict which flags may be displayed on certain government property and in public schools in Tennessee. For state and local governments, the bill generally prohibits the display of any flag other than the U.S. flag or the official Tennessee state flag on public courthouses, roadways, and sidewalks under government control, while expressly allowing citizens to sue to enforce the restriction and recover costs and attorneys’ fees if they prevail. The bill defines “display” broadly to include not only hanging or placing a flag, but also painting, projecting, or otherwise creating a flag image in those public spaces. The bill also adds a separate set of rules for LEAs and public charter schools. Public schools would be barred from displaying flags other than a list of permitted categories, including the U.S. flag, Tennessee flag, POW/MIA flag, tribal flags, flags of local governments, military unit flags, foreign national flags, college or university flags, official school flags, flags used temporarily for bona fide curriculum, and flags of organizations authorized to use school property. Parents and guardians would have standing to sue to enforce the school restrictions, but only after giving written notice and allowing 10 days to cure the alleged violation. The bill further amends a POW/MIA flag provision related to county administrative buildings, clarifying where that flag may be displayed if the main county administrative building is also a courthouse.

Impact

SB0266 would amend multiple parts of Tennessee law governing public property, local government conduct, school operations, and flag display rules. It creates new statutory limits on expressive displays at courthouses, roadways, sidewalks, and schools, while also creating private rights of action for citizens and parents/guardians to enforce those limits. The bill would likely affect state agencies, counties, municipalities, LEAs, public charter schools, and public officials responsible for facility use and signage, and it could expose those entities to litigation and fee awards if they violate the new restrictions.

Sentiment

No committee transcript or vote history was provided, so there is no recorded debate or roll-call evidence in the materials to gauge support or opposition. Based on the bill text alone, the measure appears designed to appeal to supporters of government neutrality and traditional patriotic displays, while likely drawing concern from those who view it as restricting speech or school/community expression. The inclusion of constitutional savings language in the school section suggests the sponsor anticipated legal scrutiny.

Contention

The main points of contention are likely to be the breadth of the display ban, the inclusion of political flags and flag images projected or painted on public surfaces, and the creation of citizen-enforcement lawsuits with fee-shifting. Opponents may argue that the restrictions implicate free speech and local control, especially in schools and on public property used for expressive or commemorative purposes. Supporters are likely to emphasize uniformity, avoidance of political messaging by government entities, and the preservation of only the U.S. and Tennessee flags in core public spaces, with limited exceptions for schools and certain commemorative or educational uses.