Wisconsin Statutes
Wis. Stat. § 946.06 (2026)
Improper use of the flag
✓ current as of July 2026
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946.06(1)(a)(a) Places on or attaches to the flag any word, mark, design, or advertisement not properly a part of such flag; or
946.06(1)(b)(b) Exposes to public view a flag upon which has been placed or attached a word, mark, design, or advertisement not properly a part of such flag; or
946.06(1)(c)(c) Manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchandise upon which the flag is depicted; or
946.06(2)(2) This section does not apply to flags depicted on written or printed documents or periodicals or on stationery, ornaments, pictures, or jewelry, provided there are no unauthorized words or designs on such flag and provided the flag is not connected with any advertisement.
946.06(3)(3) In this section “flag” means anything that is or purports to be the Stars and Stripes, the United States shield, the United States coat of arms, the Wisconsin state flag, or a copy, picture, or representation of any of them.
946.06 AnnotationA flag misuse statute was unconstitutional as applied to a flag hung upside down with a peace symbol affixed. The context imbued the display with protected elements of communication. Spence v. Washington, 418 U.S. 405, 94 S. Ct. 2727, 41 L. Ed. 2d 842 (1974).
946.06 AnnotationThe Washington flag desecration statute held unconstitutional in Spence, 418 U.S. 405 (1974), when applied to a mere display of an altered flag in the absence of a disturbance of the peace, was identical in all essential ways to this section. Koser v. County of Price, 834 F. Supp. 305 (1993).
Notes of Decisions
Cited in 3
cases, 1993–1998 · leading case: State v. Janssen, 580 N.W.2d 260 (Wis. 1998).
State v. Janssen, 580 N.W.2d 260 (Wis. 1998). “Although these accepted definitions of "defile" would appear to encompass conduct which also forms the basis for liability under Wis. Stat. § 946.06 , Wisconsin's "improper use" statute, we express no opinion on the constitutionality of that statute.”
Koser v. Cnty. of Price, 834 F. Supp. 305 (W.D. Wis. 1993). “Wis.Stat. § 946.06(1)(b) provides (and did provide in 1989): (1) Whoever intentionally does any of the following is guilty of a Class A misdemean- or: V ^ (b) Exposes to public view a flag upon which has been placed or attached a word, mark, design, or advertisement not properly…”
Liegakos v. Cooke, 928 F. Supp. 799 (E.D. Wis. 1996). “Liegakos’ testimony at the § 946.06 hearing is a matter of credibility which I will not disturb.”
— Wis. Stat. § 946.06(1)(b) — 1 case
Koser v. Cnty. of Price, 834 F. Supp. 305 (W.D. Wis. 1993). “Wis.Stat. § 946.06(1)(b) provides (and did provide in 1989): (1) Whoever intentionally does any of the following is guilty of a Class A misdemean- or: V ^ (b) Exposes to public view a flag upon which has been placed or attached a word, mark, design, or advertisement not properly…”
— Wis. Stat. § 946.06(l)(b) — 2 cases
Koser v. Cnty. of Price, 834 F. Supp. 305 (W.D. Wis. 1993). “Wis.Stat. § 946.06(1)(b) provides (and did provide in 1989): (1) Whoever intentionally does any of the following is guilty of a Class A misdemean- or: V ^ (b) Exposes to public view a flag upon which has been placed or attached a word, mark, design, or advertisement not properly…”
State v. Janssen, 580 N.W.2d 260 (Wis. 1998). “Although these accepted definitions of "defile" would appear to encompass conduct which also forms the basis for liability under Wis. Stat. § 946.06 , Wisconsin's "improper use" statute, we express no opinion on the constitutionality of that statute.”
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