Democratic-led states including New York and New Jersey did not issue statewide orders to lower flags to half-staff this week following a presidential proclamation honoring conservative activist Charlie Kirk, drawing sharp criticism from Republicans and prompting discussion about the limits of presidential authority over state and local flag displays.
President Donald Trump signed a directive Wednesday ordering U.S. flags on federal property to remain at half-staff until Sunday evening in recognition of what he called Kirk’s service. Federal buildings in Washington complied, including the White House, but several state and local governments in New York and New Jersey listed "full staff" in their official flag guidance and did not change their status.
Local officials in Bergen County, New Jersey, said they were following the state’s daily flag protocol rather than making a political decision. "Today's status was full staff," the county said in a Facebook post, adding that it "condemns all forms of political violence and rejects hate in every form." The explanation did not stem the public outcry from conservative figures and social media users who called the moves a partisan slight and accused Democratic officials of defying presidential authority.
Republican candidates and supporters criticized the decisions. Jay Costa, a Republican commission candidate, posted on Instagram that 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!" and said they "deserve to lose in November." The exchanges on social media ranged from calls for political accountability to comparisons with past national moments when flags were lowered, with at least one commenter noting that flags were at half-staff after Whitney Houston’s death.
Legal and flag experts said the disputes reflect longstanding boundaries between federal and state authority over flags. Vexillologist Michael Green told NJ.com that a presidential proclamation carries symbolic weight but is not legally binding on states, municipalities or private entities. "States, businesses, and private individuals have the choice to follow the federal government or not," he said, adding, "Anything flag-related is completely unenforceable. It's a guideline, not a rule."
The presidential directive expressly applies to federal buildings, military facilities, embassies and territories under executive control. State and local governments, as well as private institutions, are not legally required to comply, a distinction that underpinned decisions by some governors and county officials.
Compliance varied around the country. Delaware and Pennsylvania chose to lower flags in line with the presidential order. In New Jersey, some sites including a Flag Plaza near the Statue of Liberty were reported to have flags at half-staff while other county and municipal flags remained at full staff. Outside New Jersey, some private institutions and local governments—such as a church in Phoenix and the Utah County Security Center—raised flags at half-staff in tribute to Kirk.
Kirk, 31, a co-founder of Turning Point USA, was fatally shot on Sept. 10 while speaking at Utah Valley University in Orem, Utah. Authorities have arrested 22-year-old Tyler Robinson on charges that include aggravated murder. He remains in custody as investigators work to determine a motive; law enforcement sources have said they found bullet casings etched with cryptic references to political ideology among other items.
The episode highlights how symbolic actions around mourning and memorials can intersect with partisan divisions. For some officials, adherence to routine flag protocols reflects administrative neutrality; for others, particularly in a polarized media environment, such decisions are viewed as political statements. Experts said the controversy underscores the limited legal reach of presidential proclamations over nonfederal property and the role of state and local discretion in ceremonial matters.
As the debate continues, officials in affected jurisdictions emphasized they were following existing procedures. Legal scholars and flag specialists noted that while flag displays can be potent political signals, the decision to lower or maintain flags commonly rests with state and local authorities, who weigh tradition, precedent and administrative rules alongside public sentiment.