Flag of Germany
While the use of black-red-gold had been suggested in the Soviet zone in 1946, the Second People's Congress in 1948 decided to adopt the old black-white-red tricolour as a national flag for East Germany. This choice was based on the use of these colours by the National Committee for a Free Germany, a German anti-Nazi organisation that operated in the Soviet Union in the last two years of the war. In 1949, following a suggestion from Friedrich Ebert, Jr., the black-red-gold tricolour was instead selected as the flag of the German Democratic Republic upon the formation of this state on 7 October 1949. From 1949 to 1959, the flags of both West and East Germany were identical. On 1 October 1959, the East German government changed its flag with the addition of its coat of arms. In West Germany, these changes were seen as a deliberate attempt to divide the two Germanys. Displaying this flag in West Germany and West Berlin—where it became known as the (divider-flag)—was seen as a breach of the constitution and subsequently banned until the late 1960s.
Flag desecration
On 26 July 1935 in New York a group of demonstrators boarded the SS "Bremen", tore the Nazi party flag from the jackstaff and threw it into the Hudson River. The German ambassador sharply protested, but the protest was rejected, with the judgement that only a party symbol was harmed and the national flag was not affected. On 15 September 1935, in response to this incident, the "Reichsflaggengesetz" (Reichs flag law) (RGBl. I S. 1145) came into effect, declaring the Nazi flag to be the exclusive national flag of Germany and removing the status of the black-white-red tricolor flag of the German Empire as co-national flag.