Democrat-led states such as New York and New Jersey have chosen not to lower their flags to half-staff this week to honor the memory of slain conservative activist Charlie Kirk.
The refusal is in defiance of a presidential proclamation issued by Donald Trump ordering the nationwide tribute following Kirk’s killing.
The directive, issued on Wednesday, stipulated that US flags on all federal properties should fly at half-staff until Sunday evening, recognizing what Trump described as Kirk’s contributions as ‘a truly Great American Patriot.’
Although federal buildings in Washington, D.C., promptly complied by lowering flags at the White House and other agencies, state governments in New York and New Jersey ignored the order. Their official flag guidance remained ‘full staff,’ and no state-level instruction was given.
This choice has sparked significant criticism from conservatives, especially in Bergen County, New Jersey, where local authorities stated that they were adhering to the state’s standard flag protocol and not taking a political stance.
‘Today’s status was full staff,’ Bergen County said in a Facebook post.
‘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 county expressed.
Their response did little to quell the fury.
Democrat-led states like New York and New Jersey have opted not to lower flags to half-staff this week in memory of the late conservative activist Charlie Kirk. Seen here, flags in Hackensack, New Jersey remain at full staff on Saturday afternoon.
The view outside the White House shows people looking at the flag at half-staff for Charlie Kirk on Thursday
Officials in Bergen County, New Jersey said they were simply following the state’s daily flag protocol and not making a political statement
‘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!’ fumed Jay Costa, a Republican commissioner candidate, on Instagram.
‘Truly despicable! They deserve to lose in November.’
Social media was flooded with posts accusing Democrat-run counties and blue states of politicizing grief and defying presidential authority.
‘Flags were at half-staff when Whitney Houston died,’ one commenter noted.
Despite the uproar, legal experts say the issue isn’t as black-and-white as it seems.
While a presidential proclamation regarding flags carries symbolic weight, it does not carry the force of law for state or local governments.
‘States, businesses, and private individuals have the choice to follow the federal government or not,’ explained vexillologist Michael Green to NJ.com.
‘A state can lower a flag and another state wouldn’t. That is the beauty of the system – states have their own authority.
Charlie Kirk, 31, co-founder of Turning Point USA, was fatally shot on September 10 while speaking at Utah Valley University in Orem, Utah
Some flags in New Jersey were indeed lowered to half-mast. Pictured, flags at the Flag Plaza with the Statue of Liberty in the background
The Dream City church in Phoenix, Arizona flew their flag at half staff in tribute to Kirk
Flags fly at half-staff in front of the Utah County Security Center where 22-year-old Tyler Robinson, the suspect in the killing political activist Charlie Kirk, is being held
In Johnson County Iowa, the Chairman of the Board of Supervisors explained why the county would continue to fly the flag as full mast
‘Anything flag-related is completely unenforceable,’ Green said. ‘It’s a guideline, not a rule.’
Trump’s flag directive applies only to federal buildings, military facilities, embassies, and territories under executive control. States, municipalities, and private institutions are not legally obligated to comply.
Green, a flag scholar, emphasized that flags often become ‘diving boards into something else.’
‘In and of themselves they’re just pieces of fabric,’ he said. ‘But people use them to display what they want to. That is what I love about them.’
But to conservatives, the refusal to lower flags can feel more like deliberate resistance.
Across the region, compliance with Trump’s order varied sharply along state lines.
New York and New Jersey, both led by Democratic governors, opted not to issue statewide flag orders in response to Kirk’s death and instead stuck with routine flag status procedures. In New Jersey, that meant no change to full staff.
The stars and stripes flag flies at half-mast as a man carries a large cross near a makeshift memorial for Charlie Kirk outside of the Turning Point USA headquarters in Phoenix, Arizona
Many others on social media also disagreed with the president’s order to fly flags at half mast
By contrast, Delaware and Pennsylvania, both swing states with Democratic governors, chose to observe the presidential order and lowered their flags.
Some New Jersey counties including such as Bergen, Hudson, and Essex, said they were simply following state guidance, not making political judgments.
But in the current climate, even bureaucratic neutrality can look like a partisan slight.
Charlie Kirk, 31, co-founder of Turning Point USA, was fatally shot on September 10 while speaking at Utah Valley University in Orem, Utah.
His death sparked an outpouring of grief and tributes from conservative circles and has reignited national debate over political rhetoric, free speech, and violence.
Federal agents have identified and arrested 22-year-old Tyler Robinson as the alleged shooter.
He remains in custody and is charged with aggravated murder, among other crimes.
His motives are still under investigation, but law enforcement sources have said he left behind bullet casings etched with cryptic references to fascism, video games, and political ideology.
