Discussion re: Flag, Seal, and Arms

[Hileville]

http://forum.thenorthpacific.org/single/?p=8076595&t=6988483

A controversy has recently arisen over whether or not nations of The North Pacific can fly the regional flag given that the flag contains within it the coat of arms, in light of Section 7.1, #4 of the Legal Code:

4. The arms of the North Pacific may not be used except to represent the North Pacific or an official regional entity.

Could the Court provide clarification on the following issues:

1. Does Section 7.1, #4 of the Legal Code contradict the following clause from paragraph #2 of the Bill of Rights:

2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region.

2. Does Section 7.1, #4 of the Legal Code prohibit anyone who is not "an official regional entity" from flying the flag simply because it contains the coat of arms, despite the Legal Code containing no explicit prohibition against flying the flag?

3. Can nations of The North Pacific who are not "an official regional entity" legally fly the flag of The North Pacific?

Thank you.

Thoughts?

 

[Blue Wolf II]

It's a pretty damn silly argument that TNPers can't fly the NPA flag because it contains the coat of arms.

I say the that is the regional flag and the coat of arms are not the same thing. As a matter of fact, Chapter 7: Cultural Declarations of TNP Legal code explicitly supports this viewpoint.

That law specifically mentions the Coat of Arms and the Regional Flag as two distinct and separate items.

It is clear that the Flag can be flown by anyone, even if the coat of arms is contained within it, because it is not the Coat of Arms but rather the official regional flag. Only if the Coat of Arms was flown separately by a nation would they even be close to violating the law.

 

[Hileville]

It's a pretty damn silly argument that TNPers can't fly the NPA flag because it contains the coat of arms.

I say the that is the regional flag and the coat of arms are not the same thing. As a matter of fact, Chapter 7: Cultural Declarations of TNP Legal code explicitly supports this viewpoint.

That law specifically mentions the Coat of Arms and the Regional Flag as two distinct and separate items.

It is clear that the Flag can be flown by anyone, even if the coat of arms is contained within it, because it is not the Coat of Arms but rather the official regional flag. Only if the Coat of Arms was flown separately by a nation would they even be close to violating the law.

I pretty much agree with this viewpoint.

 

[Belschaft]

As do I.

 

[Hileville]

Ruling of the Court of the North Pacific​

In regards to the Judicial Inquiry filed by Cormac Stark on the usage of the Arms, Flag, and Seal of the North Pacific​

The Court took into consideration the Inquiry filed here by Iro.

The Court took into consideration the Relevant section of the Legal Code of the North Pacific:

Spoiler

Section 7.1: Arms, Flag, and Seal
2. The following arms as designed by ThelDRan and revised by Eluvatar and Gulliver is adopted as the coat of arms of the North Pacific:

3. Each institution in the North Pacific's government may establish for itself a seal which uses the arms of the North Pacific.
4. The arms of the North Pacific may not be used except to represent the North Pacific or an official regional entity.
5. The following flag, as designed by ThelDRan and revised by Eluvatar and Gulliver is adopted as the official flag of the North Pacific:

The Court took into consideration the Relevant sections of the Bill of Rights of the North Pacific:

2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under the Constitution.

The Court opines the following:

As to the first question posed to the Court: "1. Does Section 7.1, #4 of the Legal Code contradict the following clause from paragraph #2 of the Bill of Rights."

The answer to this question would be no. The Legal Code does not infringe on a nations right to the Freedom of Press, speech, and free expression of religion.

As to the second questions posed to the Court: "2. Does Section 7.1, #4 of the Legal Code prohibit anyone who is not "an official regional entity" from flying the flag simply because it contains the coat of arms, despite the Legal Code containing no explicit prohibition against flying the flag?"

No it does not. The Legal Code specifically lists both the Coat of Arms and the Flag of the North Pacific as separate items. It is the belief of the Court that just because the flag contains an image of the Coat of Arms does not make the flag THE Coat of Arms. Therefore to be quite clear nations may fly the Flag of the North Pacific but may not fly the Coat of Arms of the North Pacific.

As to the third question posed to the Court: "3. Can nations of The North Pacific who are not "an official regional entity" legally fly the flag of The North Pacific?"

Yes the requirement established in the Legal Code only states that the Coat of Arms may not be used unless by "an official regional entity". As the Court has stated above the Flag and Coat of Arms are two separate items and not one and the same.

 

[Belschaft]

Looks fine.

 

[Blue Wolf II]

I approve.