President Donald Trump's proclamation directing U.S. flags on federal property to fly at half-staff in honor of slain conservative activist Charlie Kirk has not been uniformly observed across the country, with some Democratic-led states and counties opting to keep flags at full staff.
The proclamation, signed Wednesday, ordered flags on federal buildings, military facilities, embassies and other executive-branch properties to remain at half-staff until Sunday evening. Flags at the White House and on federal property in Washington, D.C., were lowered promptly, but New York and New Jersey, both led by Democratic governors, did not issue state directives to change their routine flag status.
Officials in several New Jersey counties, including Bergen, Hudson and Essex, said they were following state guidance and routine protocols rather than making a political statement. "Today's status was full staff," Bergen County said in a Facebook post, adding that "Bergen County's policy is to follow the State of New Jersey's daily flag status… The County of Bergen condemns all forms of political violence and rejects hate in every form."
The decision drew sharp criticism from conservative figures and social media users, who accused Democratic-run jurisdictions of politicizing grief and defying presidential authority. "The Bergen County Democrats refuse to lower the flags to half-staff for the assassination of Charlie Kirk and have ignored federal orders to do so!" Republican commissioner candidate Jay Costa wrote on Instagram. Other posts compared the response to past instances when flags were lowered for public figures.
Legal experts and flag scholars say the dispute reflects the limited legal reach of a presidential flag proclamation. Vexillologist Michael Green told NJ.com that such proclamations carry symbolic weight but are not legally binding on state or local governments. "States, businesses, and private individuals have the choice to follow the federal government or not," Green said. He added that flag directives are "a guideline, not a rule," and noted that jurisdictional differences are an inherent feature of the federal system.
Compliance varied across the region. Delaware and Pennsylvania — states led by Democratic governors — chose to observe the presidential proclamation and lowered flags. Some New Jersey locations nonetheless lowered flags, and other localities outside the Northeast, including a Phoenix church and the Utah County Security Center, also displayed flags at half-staff.
Kirk, 31, co-founder of Turning Point USA, was fatally shot on Sept. 10 while speaking at Utah Valley University in Orem, Utah. Federal agents have arrested 22-year-old Tyler Robinson and charged him with aggravated murder and other offenses; he remains in custody. Investigators say Robinson left behind bullet casings etched with cryptic references to fascism, video games and political ideology, and authorities continue to probe a motive.
The differing responses underscore how symbols such as flag displays can become focal points in a polarized political environment. Officials who maintained flags at full staff emphasized adherence to routine protocols rather than an endorsement or condemnation of the president's proclamation. For many critics, however, the choice not to lower flags was read as an intentional rebuke.
Experts noted that the president's authority to direct flag status is clear for federal property but does not extend to compel state and local governments. That legal distinction has long allowed governors, mayors and local officials to set their own flag practices in response to deaths, observances and emergencies.
The episode comes amid national debate over political rhetoric and violence after Kirk's killing, which prompted widespread expressions of grief and calls for investigation from conservative leaders and organizations. As the investigation into the shooting continues, the flag dispute illustrated how administrative routines can quickly take on broader political significance in the nation's ongoing partisan climate.