Isabella Carter
The United States Flag Code establishes advisory rules for the display and care of the national flag. It is not mandatory and does not prescribe any penalties for failure to follow the guidelines. The code includes directives such as the flag never touching anything beneath it, not being used for advertising, and not having any marks or drawings placed on it. The Flag Protection Act of 1968, amended in 1989, prohibited mutilating, defacing, defiling, or burning the flag, but the Supreme Court found it unconstitutional. The Court has upheld the right to burn the flag as protected under the First Amendment. The Commander-in-Chief of the Armed Forces can alter or modify rules pertaining to the flag's display.
| Characteristics | Values |
|---|---|
| Number of horizontal stripes | 13 |
| Colors of stripes | Alternate red and white |
| Union | Consisting of white stars on a field of blue |
| Number of stars | 50 |
| Display | Only from sunrise to sunset on buildings and on stationary flagstaffs in the open |
| Carrying | Aloft and free, except as may be necessary in limited circumstances and done in a respectful manner as part of a military or patriotic observance |
| Usage | Not to be used as wearing apparel, bedding, or drapery |
| Storage | Not to be stored in a manner that permits it to be easily torn, soiled, or damaged |
| Advertising | Not to be used for advertising purposes |
| Alteration | May be altered, modified, or repealed by the Commander in Chief of the Armed Forces of the United States whenever deemed appropriate or desirable |
| Desecration | The Supreme Court has upheld the right to burn the flag as protected under the First Amendment |
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What You'll Learn
The US Flag Code
The code states that the flag should never touch anything beneath it, such as the ground, floor, water, or merchandise. It should always be carried aloft and free, except in limited circumstances during military or patriotic observances. The flag should not be used as wearing apparel, bedding, or drapery, and should always be allowed to fall free. It should not be festooned, drawn back, or up in folds.
The code recommends displaying the flag on or near the main building of public institutions, schools during school days, and polling places on election days. It should be respected and handled with care, ensuring it does not get easily torn, soiled, or damaged. When the flag is no longer fit for display, it should be destroyed in a dignified manner, preferably by burning.
While the US Flag Code provides guidelines for the treatment and display of the flag, it is ultimately each individual's decision to follow these recommendations. The code aims to ensure that the flag, as a symbol of the nation, is treated with the honour and respect it deserves.
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Flag desecration laws
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 guidelines such as:
- The flag should never touch anything beneath it, including the ground, floor, water, or merchandise.
- It should never be used as wearing apparel, bedding, or drapery.
- It should never be used for advertising purposes or embroidered on items like cushions or handkerchiefs.
- No part of the flag should be used as a costume or athletic uniform, except for a flag patch on the uniform of military personnel, firemen, policemen, and members of patriotic organizations.
- The flag should be destroyed in a dignified way when it is no longer fit for display, preferably by burning.
While the Flag Code provides guidelines, it is not mandatory and does not impose penalties for non-compliance. However, there have been attempts to criminalize flag desecration in the United States. The Flag Protection Act of 1968 (amended in 1989) prohibited mutilating, defacing, defiling, or burning the flag. This statute was later found to be unconstitutional by the Supreme Court, which held that flag burning is protected by the First Amendment as a form of expressive conduct.
In the case of Texas v. Johnson, the Supreme Court struck down a Texas law that made flag desecration a felony, stating that the government cannot prohibit the expression of an idea simply because society finds it offensive or disagreeable. This decision invalidated national flag desecration laws in 48 states. While Congress has made attempts to outlaw flag burning through legislation and constitutional amendments, these efforts have not succeeded.
It is important to note that flag desecration laws vary internationally. While some countries have laws against flag desecration, others, like Australia and Belgium, do not consider it illegal. In Brazil, for example, civilians who fail to show respect during the parade of the national flag can be fined or imprisoned, while military personnel may be punished with detention or declared unsuitable for their rank.
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Displaying the flag
The United States Flag Code establishes advisory rules for the display and care of the national flag. While these rules are not mandatory, they are intended to uphold the flag's reputation as a sacred emblem. Here are some guidelines for displaying the American flag:
Days of Display
The flag should be displayed every day but especially on significant dates such as New Year's Day, Inauguration Day, Martin Luther King Jr.'s birthday, Lincoln's Birthday, Washington's Birthday, National Vietnam War Veterans Day, Easter Sunday, Mother's Day, Armed Forces Day, Memorial Day, Flag Day, Father's Day, Independence Day, National Korean War Veterans Armistice Day, Labor Day, Constitution Day, Columbus Day, Navy Day, Veterans Day, Thanksgiving Day, Christmas Day, and other dates proclaimed by the President.
Location and Position
The flag should be displayed on or near the main building of public institutions, schools during school days, and polling places on election days. When displayed from a staff projecting from a home or porch, the blue section (union) should be at the peak of the staff. If the flag is against a wall or hanging over a window, it should be displayed flat with the union at the top left corner. When placing it on a vehicle, clamp the staff to the right front fender. When displayed with another flag against a wall from crossed staffs, the U.S. flag should be on the left, with its staff in front. In a group of flags displayed from staffs, the U.S. flag should be at the centre and the highest point. Flags displayed at night should be properly illuminated.
Handling and Maintenance
The flag should never touch anything beneath it, such as the ground, floor, water, or merchandise. It should be hoisted briskly and lowered ceremoniously. The flag should not be carried flat or horizontally but always aloft and free. It should not be used as wearing apparel, bedding, or drapery and should be allowed to fall free. The flag should never be used for advertising purposes or have any marks, insignia, letters, or drawings placed on it. When the flag is no longer in suitable condition for display, it should be replaced and destroyed in a dignified manner, preferably by burning.
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Respect for the flag
The United States Flag Code establishes advisory rules for the display and care of the national flag. While it is not legally enforceable, adherence to the code is considered a sign of respect and patriotism. The code outlines the following guidelines for respecting the American flag:
Handling and Display
The flag should be handled with respect and should not touch the ground, floor, water, or any other object beneath it. If it does touch the ground, it should be cleaned and cared for properly. When displayed, the flag should be allowed to fall freely and not be carried flat or horizontally, except in limited circumstances as part of a military or patriotic observance. The flag should be hoisted briskly to the peak, lowered to half-staff, and then raised to the peak again before being lowered for the day. It should be displayed from sunrise to sunset and can be illuminated and displayed for 24 hours. When hung vertically, the blue field with stars (the union) should be at the top and to the flag's right (observer's left). When hung horizontally, the union should be at the top and to the observer's left.
Prohibited Uses
The flag should not be used for advertising, as wearing apparel, bedding, drapery, or as a receptacle for holding or delivering items. It should not have any marks, insignia, letters, words, or drawings placed on it, nor should it be embroidered or printed on cushions, handkerchiefs, paper napkins, boxes, or other disposable items. Advertising signs should not be fastened to the staff or halyard from which the flag is flown. No part of the flag should be used as a costume or athletic uniform, except for a flag patch on the uniforms of military personnel, firemen, policemen, and members of patriotic organizations.
Disposal
When the flag is no longer fit for display, it should be retired and destroyed in a dignified manner, preferably by burning.
Salute and Honour
All persons should face the flag, stand at attention, and salute. Those in uniform should give the military salute, while others may place their right hand over their heart. Non-uniformed service members, military retirees, and veterans may also render the salute.
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Alteration and modification
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. Although this is a federal law, the code is not mandatory and does not prescribe any penalties for failure to follow the guidelines. The code was constructed by representatives of over 68 organisations under the auspices of the National Americanism Commission of the American Legion.
Any rule or custom pertaining to the display of the flag may be altered, modified, or repealed, or additional rules may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever deemed appropriate. Any such alteration or additional rule must be set forth in a proclamation.
The Flag Code outlines that the flag should never touch anything beneath it, such as the ground, floor, water, or merchandise. It should always be carried aloft and free, except in limited circumstances, and should not be used as wearing apparel, bedding, or drapery. The flag should never be used for advertising purposes or embroidered on articles like cushions or handkerchiefs. No part of the flag should be used as a costume or athletic uniform, although a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organisations.
The flag represents a living country and is considered a living thing. When it is no longer fit for display, it should be destroyed in a dignified way, preferably by burning. The code also specifies that the flag of the United States shall have thirteen horizontal stripes, alternating red and white, and a union consisting of white stars on a field of blue. On the admission of a new state into the Union, one star shall be added to the flag, taking effect on the following Fourth of July.
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