United States Flag Code
The United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. It is Chapter 1 of Title 4 of the United States Code (4 U.S.C. § 1 et seq). This is a U.S. federal law, but the penalty described in Title 18 of the United States Code (18 U.S.C. § 700) for failure to comply with it is not enforced. This etiquette is as applied within U.S. jurisdiction. In other countries and places, local etiquette applies.
Contents of the code
- No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. This is sometimes misreported as a tradition that comes from the 1908 Summer Olympics in London, where countries were asked to dip their flag to King Edward VII; American team flag bearer Ralph Rose did not follow this protocol, and teammate Martin Sheridan is often, though apocryphally, quoted as proclaiming that "this flag dips before no earthly king."
- The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
- The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
- The flag should never be carried flat or horizontally, but always aloft and free. An exception was made during the Apollo moon landings when the flag hung from a vertical pole designed with an extensible horizontal bar, allowing full display even in the absence of an atmosphere.
- The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk, draping the front of the platform, and for decoration in general.
- The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
- The flag should never be used as a covering for a ceiling.
- The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
- The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
- The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
- No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
- The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. The Veterans of Foreign Wars, American Legion, Boy Scouts of America, Girl Scouts of the USA, TrailLife USA, the military and other organizations regularly conduct dignified flag-burning ceremonies.
Prior to Flag Day, June 14, 1923, neither the federal government nor the states had official guidelines governing the display of the United States' flag. On that date, the National Flag Code was constructed by representatives of over 68 organizations, under the auspices of the National Americanism Commission of the American Legion. The code drafted by that conference was printed by the national organization of the American Legion and given nationwide distribution.
On June 22, 1942, the code became Public Law 77-623; chapter 435. Little had changed in the code since the Flag Day 1923 Conference. The most notable change was the removal of the Bellamy salute due to its similarities to the Hitler salute.
In 1990, the U.S. Supreme Court ruled in United States v. Eichman that the prohibition of burning the U.S. flag conflicts with the First Amendment right to freedom of speech and is therefore unconstitutional.
The Freedom to Display the American Flag Act of 2005 prohibits real estate management organizations from restricting homeowners from displaying the Flag of the United States on their own property.
The Army Specialist Joseph P. Micks Federal Flag Code Amendment Act of 2007 added a provision to fly the flag at half-staff upon the death of a member of the Armed Forces from any state, territory, or possession who died while serving on active duty. It also gave the mayor of the District of Columbia the authority to direct that the flag be flown at half-staff. Federal facilities in the area covered by the governor or mayor of the District of Columbia will also fly the flag at half-staff as directed.
The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Sec. 595.) allows the military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.
In popular culture
In Season 4, Episode 11 of King of the Hill ("Old Glory"), an officer at Fort Blanda Army base references "United States Code, Title 36, §176(k)" during a flag burning ceremony. Bill Dauterive subsequently volunteers to "rescue" the flag by flying it at his residence with a 90 foot pole.
Notes and references
- Mallon, Bill ; Buchanan, Ian "To no earthly king...", Journal of Olympic History - September 1999, pp. 21–28
- Platoff, Anne M. (1993) "Where No Flag Has Gone Before: Political and Technical Aspects of Placing a Flag on the Moon". NASA. Retrieved: October 22, 2010.
- Military.com "U.S. Flag Code"
- Mikkelson, Barbara; Mikkelson, David P. "Flag disposal", www.snopes.com. Retrieved July 20, 2008.
- Section 7, Pub.L. 77−623, 56 Stat. 380, Chap. 435, H.J.Res. 303, enacted June 22, 1942. (WITH the Bellamy Salute)
- Section 7, Pub.L. 77−829, 56 Stat. 1074, Chap. 806, H.J.Res. 359, enacted December 22, 1942. (WITHOUT the Bellamy Salute)
- Goldstein, Robert J. (June 28, 2006) "Flag-burning overview". firstamendmentcenter.org.
- "Army Specialist Joseph P. Micks Federal Flag Code Amendment Act of 2007". Acts of the 110th United States Congress by United States Congress. June 29, 2007. Retrieved September 24, 2009.
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- Full text of United States Code, Title 4, Chapter 1, available at Cornell University Law School.
- TATTERED: Investigation of an American Icon is a documentary photo essay, investigating the principle identity, misuse, commodification and desecration of the American flag in the context of the U.S. Flag Code.
- “God for Harry! England and Saint George! The Evolution of the Sacred Flag and the Modern Nation-State" is a study of the flag code as a sacred symbol, special issue of The Flag Bulletin, No.191, Vol.39, No.1 (January–February 2000).