Jolly Roger- legal or not?

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Jun 7, 2004
944
Birch Bay Washington
I have heard before somewhere from someone credible that it is actually illegal to fly the skull and crossbones but I cannot find any specific reference online to verify it. Anybody know for sure? Got a link for it?
 
M

mortyd

jolly roger

some years ago - like forty - a friend and i flew the roger; the coast guard was not amused. i have no idea if this has changed.
 

higgs

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Aug 24, 2005
3,638
Nassau 34 Olcott, NY
Flag laws

Proper flag etiquite would dictate you fly the jolly roger of your starboard spreader flag halyard. There are no US laws that I am aware of regarding displaying flags, including the National Ensign as discussed elsewhere on this board. There is a boat in my harbor that flies it continually from the spreader halyard with no problem. I could see the coast guard being "unamused" if the jolly roger was flown from the positions reserved for the American Ensign, but we are guarenteed free speech - at least last time I checked.
 

Ross

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Jun 15, 2004
14,693
Islander/Wayfairer 30 sail number 25 Perryville,Md.
I expect that today

this would go to the freedom of expression rules of the supreme court. As long as you don't practice what your flag implies you should be alright. Now does anyone know what the flag of Al Queda looks like?
 
E

Edward

it may be dangerous

to fly the Jolly Roger outside the territorial waters, ie on the open sea...:) Under the Law of the Sea it is interpreted as notification to other vessels of intention of piracy. Consequently it places the vessel that flies the Jolly Roger outside the law and any other vessel has the right to board, sink, plunder or otherwise do whatever they seem fit and proper with total impunity (the Law of the Sea recognises no legal protection to pirates). I suggest you seek out a particularly expensive yacht that flies this flag, follow it to just outside the 3 NM zone and go for it...:)
 
Jun 7, 2004
944
Birch Bay Washington
I am asking for a specific law

not opinions. Those are interesting but not really what I am asking for and those will get us in trouble. I know for example that in Canada, it is actually illegal to speak ill of someone or some group if it meets some "hate" standard. Apparently it is ok to speak ill of the US there though. Speech is not free everywhere and that includes here so watch out or we will get banished again. I wonder if some other countries have outlawed the Jolly Roger... Where is the "Law of the Sea" written?
 
B

Bob

Wish you luck

I too am curious, but unless you happen to find a maritime atty on here that can quote you a specific law that can be looked up and verified, the rest is all speculation. BTW, speculation is a nice word for B.S.
 

Ross

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Jun 15, 2004
14,693
Islander/Wayfairer 30 sail number 25 Perryville,Md.
Bob, I can go along with

that but freedom of expression is the rule of the day. Now if you happen to be sailing a 76 gun ship on the line and flying the jolly roger and the coasties just happen to come by...........
 
B

Bob

I'm sure technically its illegal, but

See, now you got me speculating (bull shitting) about the whole thing. The Jolly Roger was /is the flag of pirates. Pirates by their very nature are enemies of states/ countries/whatever and as such, the enemies must be defeated or somehow stopped (imprisoned). Now since modern day pirates dont fly the jolly Roger, no one in their right mind would take them serious. You are more likely to be boarded if you flew the marijuana leaf than if you flew the jolly roger.
 
S

sailortonyb

The Marijuana Leaf?

When the sport fisherman come in for the day, they fly the flags of the fish they caught. Does that mean if you happen upon a bale of grass that you have to fly the marijuana leaf?
 
B

Bob

Only if you smoke it

If you roll a joint with the marijuana leaf flag, will that be prosecutable as flag burning? ROSS !!! see what you made me do? ROFL
 
Sep 5, 2005
89
- - Sydney, Australia 1989 Cat 30 #5628
Getting serious on this one....:(

If we are getting into a legal discussion, better be a bit clearer (and more serious): the Law of the Sea is a body of case law and treaties, originating from the 17th century book by the legal scholar Hugo de Groot and generally adhered to by 'civilized' nations throuhgout the ensuing centuries (when it suited them, probably). It is now codified in the United Nations Convention on the Law of the Seas, which has International Treaty status and as far as I know is ratified by almost all UN member nations, and includes specific tribunals to deal with issues etc. etc. It also deals with Piracy and actually defines piracy. Being serious now, I must make the point that boarding and detaining suspected pirates/vessels under control of pirates is restricted to government vessels. Where does the Jolly Roger come in? It can still, based on case law, be seen as an intention to commit acts of piracy. However, the Law of the Seas applies on the 'High Seas' and within the territorial waters national legislation takes precedence. In the absence of any national legislation, though, one could argue that therefore the Law of the Seas applies or can be applied.Hence the 'unamused' Coast Guard, who obviously are well aware of these (international) laws, and probably think, rightly or wrongly, that flying the Jolly Roger is silly. I don't know about US law, but outside the 3NM zone, on the strength of the Law of the Seas, the US COast Guard would be entitled to board a yacht that flies the Jolly Roger to ascertain themselves of the real intentions. What happens next is up to litigation lawyers.....:)
 
Jun 8, 2004
2,860
Catalina 320 Dana Point
Edward you are probably correct, but first you

got me all excited about capturing the first Cabo Rico I saw with a JR then dashed my hopes with the fine print. And where do you find the floating bales of dope? All I find are balloons & trash bags, made a real effort to snag a floating camera bag one day with visions of Nikon dancing in my head, but it was just a bunch of Beta tapes.
 
M

mortyd

jolly roger

patrick, though as i said it was forty years ago, the coast guard stopped us and demanded we strike our jolly roger then and there in language i never heard again until the air force. there was zero humor involved, nor discussion of the law.
 
M

mortyd

jolly roger, again

of course patrick, call the coast guard, and let us all know.
 

Ross

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Jun 15, 2004
14,693
Islander/Wayfairer 30 sail number 25 Perryville,Md.
Mortyd, in a case like

that it is best to do what they say. That is not the time for negotiating. Just say " yes sir" thank you very much. have a nice day. "by your leave sir. "
 
A

Andy

Pirates ah flyin'

I seam to recall a recent film of a certain Volvo 70 flyin' the skull and crossbones on her main, jib, and painted about the deck. Aye but I dare you skallawags try to board that ship! The film clip of s/v Pirates of the Caribbean is very entertaining. I look forward to seeing the second movie! Aaarrgggg!
 
A

Alan

Greatful Dead Roger

I've been flying a J.R. right below the starboard spreader for two years on my lake and the only comments I get are when I fly it upside down, and I need to fix it. So much for rum. What I really want is a Greatful Dead Roger, i.e a tie dye Roger. Any thoughts on where I might score one? Alan
 
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