Did you know that firing a cannon while lowering the American Flag is protected speech?
(We didn't either.)
In Harlem Yacht Club v. New York City Environmental Control Board , the Harlem Yacht Club would fire a cannon at sundown alerting boaters and club members that the colors were being retired.
Neighbors (who apparently didn't appreciate the pomp and circumstance) complained about the "unreasonable noise" generated by the cannon fire (which violated local noise codes).
Although the Yacht Club had a constitutional right to engage in the flag-lowering ceremony, it could not do so at the expense of exposing others to "unwelcome noise."
Since the City's noise regulations were not "impermissibly vague" nor precluded other avenues of expression, the Appellate Division, First Department, was of the opinion that no constitutional breach was ignited by the City's limitations. As the AD1 observed:
There is no dispute that the ordinance is content-neutral; respondent met its burden of demonstrating that the ordinance was enacted to further a substantial governmental interest in protecting its citizens from unwelcome noise and is narrowly tailored to achieve that goal ... and petitioners are not without alternative means of communication, as the ordinance does not impose a complete ban on the firing of a cannon and petitioners can still show respect for the flag by firing a cannon at lower sound levels ... Nor is the ordinance, which bans "unreasonable noise," defined as "any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, injures or endangers the health or safety of a reasonable person of normal sensitivities or which causes injury to plant or animal life, or damage to property or business" ... impermissibly vague ....
"Fire away!"
For a copy of the Appellate Division's decision, please use this link: Harlem Yacht Club v. New York City Environmental Control Board