Isabella Carter
The United States Flag Code establishes advisory rules for the display and care of the national flag. It is part of Chapter 1 of Title 4 of the United States Code, which includes laws relating to the flag. While the code is not mandatory and does not prescribe any penalties for failure to follow the guidelines, it does address the use of the flag as wearing apparel. The code states that the flag should never be used as wearing apparel, bedding, or drapery, and should always be permitted to fall freely. This has led to discussions about whether wearing the American flag is against the Constitution and the potential implications of doing so.
| Characteristics | Values |
|---|---|
| Wearing apparel | The flag should not be used as wearing apparel, bedding, or drapery. |
| Display | The flag should be displayed with the blue field to the left of the observer in the street. |
| Storage | The flag should not be stored in a manner that permits it to be easily torn, soiled, or damaged. |
| Markings | No marks, insignia, letters, words, figures, designs, pictures, or drawings should be placed on the flag. |
| Use | The flag should not be used as a receptacle for receiving, holding, carrying, or delivering anything. |
| Advertising | The flag should not be used for advertising purposes. |
| Desecration | Criminal penalties are outlined in Title 18, Chapter 33, Section 700 of the United States Code. |
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What You'll Learn
The United States Flag Code
According to the code, the flag should only be displayed from sunrise to sunset on buildings and stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. The flag should be hoisted briskly and lowered ceremoniously, and it should not be displayed during inclement weather unless it is an all-weather flag.
When the flag is displayed with another flag against a wall from crossed staffs, the US flag should be on the right and its staff should be in front of the staff of the other flag. The code also specifies that the flag should never touch anything beneath it, such as the ground, floor, water, or merchandise. During the hoisting or lowering of the flag, or when the flag is passing in a parade, all persons present in uniform should render the military salute. Members of the Armed Forces, veterans, and civilians should stand at attention with their right hand over their heart. If applicable, they should remove their headdress with their right hand and hold it at the left shoulder, with the hand over their heart.
The code also includes guidelines for the display of the flag by condominium associations, cooperative associations, or residential real estate management associations. These associations may not restrict or prevent members from displaying the US flag on residential property within the association, as long as it is consistent with the Flag Code and any other applicable laws.
Additionally, the code emphasizes that the flag should never be used for advertising purposes or in a manner that would permit it to be easily torn, soiled, or damaged. It should not be used as a covering for a ceiling or as a receptacle for holding or delivering items.
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Displaying the flag
The Flag Code also specifies that the flag of the United States should be at the center and highest point when grouped with other flags. When flown from adjacent staffs, the US flag should be hoisted first and lowered last. No other flag may be placed above or to the right of the US flag. When flags of two or more nations are displayed, they should be flown from separate staffs of the same height. The Freedom to Display the American Flag Act of 2005 prohibits real estate management organizations from restricting homeowners from displaying the US flag on their property.
The laws relating to the US flag are found in the United States Code. Title 4, Chapter 1 pertains to the flag, while Title 18, Chapter 33, Section 700 regards criminal penalties for flag desecration. The Flag Protection Act of 1968, amended in 1989, prohibited mutilating, defacing, defiling, or burning the flag. However, this statute was struck down as unconstitutional by the Supreme Court. The flag should never be used for advertising purposes or have any marks or inscriptions placed upon it. It should also never be used as a receptacle for holding or delivering anything.
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Care of the flag
The American flag is the emblem of the country's identity as a sovereign nation and thus should be treated with respect and honoured when on display. Here are some guidelines for the proper care of the flag:
Firstly, the flag should be displayed clean and in good repair. It is a serious violation of flag etiquette to fly a damaged flag. To retire a worn flag, many state and county government offices, including City Hall and VFW posts, have flag disposal boxes to collect them. You can also contact your local VFW Post for assistance on proper flag disposal. To keep the flag's colours bright, clean it regularly before soiling and discolouration set in. Outdoor flags can be hand-washed with warm water and mild detergent, but be careful not to let the flag stand in the wash water, as this may cause colour runoff onto the white stripes. Professional dry cleaning is recommended for indoor/parade flags.
Secondly, the flag should not be exposed to rain, snow, or exceptionally high winds, as these elements can shorten its life. If the flag does become wet, spread it out carefully and allow it to dry completely. Do not fold or roll up a wet or damp flag. Additionally, do not place the flag where the wind will whip it against rough surfaces, tree branches, wires, or cables, as even the smallest tear can result in a tattered flag.
Thirdly, when displaying the flag, the union (blue section with stars) should be to the observer's left when hung vertically on a wall, window, or door. When the flag is hung horizontally or vertically against a wall, the union should again be to the observer's left. In a procession, the American flag should be to the right of any other flag or, if in a line of flags, in front of the centre. When displayed from a staff projecting from a building, the union should be at the peak of the staff. When displayed on a vehicle, the staff should be fixed firmly to the chassis. No other flag should be placed above the American flag, and when displayed with other flags against a wall, the American flag should be on the right and its staff should be in front.
Finally, it is customary to display the flag from sunrise to sunset in good weather. On special days, the flag may be flown at half-staff.
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Criminal penalties for flag desecration
Flag desecration is the act of intentionally destroying, damaging, or mutilating a flag in public, often with the intention of making a political statement. While the destruction or desecration of privately owned flags is generally legal, some countries have laws criminalising the desecration of national flags and symbols. These laws may distinguish between the desecration of the country's own flag and that of foreign nations, and they often carry penalties such as fines, imprisonment, or community service.
In the United States, the Flag Protection Act of 1989 states that anyone who knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States can be fined, imprisoned for up to one year, or both. The Act defines the "flag of the United States" as any flag of the country, made of any substance, of any size, and in a form that is commonly displayed.
Similarly, in Taiwan, it is a criminal offence to insult or damage the national flag or emblem of any country under their Criminal Law Articles 118 and 160. The offence is called 'obstructing state diplomacy' if it involves the symbols of a foreign nation, and 'disturbing the order' if it involves Taiwan's own symbols. The penalties include incarceration of up to one year or a fine of $9,000 NTD or less.
In Uzbekistan, desecrating state symbols, including the national flag, emblem, or anthem, is punishable under Article 215 of the Criminal Code. The penalties include fines, community service, or correctional labour for up to three years. Additionally, Article 203 of the Administrative Code imposes fines for violating legislation on state symbols, with stricter penalties for repeat offences.
Other countries have also implemented laws regarding flag desecration. For example, in Sweden, it is forbidden to publicly display the Swedish flag with added marks, characters, or symbols, and doing so may be punishable under the provisions regarding disorderly conduct in the criminal code.
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The Freedom to Display the American Flag Act of 2005
The "Freedom to Display the American Flag Act of 2005" ensures that individuals have the right to display the flag of the United States on their residential property without any hindrance. This Act was passed by the 109th US Congress as Public Law 109-243 and allows for the uninhibited display of the flag, with certain limitations.
The Act specifically prohibits any condominium association, cooperative association, or residential real estate management association from enforcing policies or agreements that would restrict or prevent members from displaying the American flag on their residential property. This ensures that individuals with separate ownership or exclusive rights to use their property can freely exhibit the flag.
However, the Act also sets out limitations to ensure that the display of the flag is consistent with existing provisions, rules, and customs pertaining to its proper use. Any reasonable restrictions on the time, place, or manner of displaying the flag that are necessary to protect substantial interests are also permitted.
The "Freedom to Display the American Flag Act of 2005" upholds the right of Americans to express their patriotism and national pride through the display of the country's flag, while also maintaining respect for the flag's proper usage and any necessary limitations.
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Frequently asked questions
No, it is not unconstitutional to wear the American flag. The United States Flag Code, which establishes advisory rules for the display and care of the flag, is not mandatory and does not prescribe any penalties for failure to follow the guidelines.
Yes, the United States Code contains laws relating to the flag. Title 18, Chapter 33, Section 700 regards criminal penalties for flag desecration. However, the Flag Protection Act of 1968, which prohibited mutilating, defacing, defiling, or burning the flag, was struck down as unconstitutional.
Yes, there are several traditions and customs associated with the American flag. For example, the flag should never be allowed to touch the ground, and if it becomes tattered, it should be replaced in a dignified manner, preferably by burning.
Yes, the Freedom to Display the American Flag Act of 2005 prohibits real estate management organizations from restricting homeowners from displaying the flag on their own property.
