Without any doubt, his rights were violated.
It is a perfectly acceptable form of using the flag.

"In mid-June, Congine, 46, began flying the flag upside down —
an accepted way to signal distress — outside the restaurant he
wants to open in Crivitz, a village of about 1,000 people some 65
miles north of Green Bay".

And that's exactly why the police gave it back the next day,
because they would have most definitely lost any law suit over it.

The spin was that it caused a disruption to a parade.
Well, too bad.

But that's what happens with a patriotic fanatic paranoid government.
And maybe that Village President ought to open his eyes instead of
living in his heroic dream that he saved the US from tyranny single
handed.
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