American federal law establishing advisory rules for display and care of the American flag
United States Flag Code
Long title
An Act to revise, codify, and enact without substantive change certain general and permanent laws, related to patriotic and national observances, ceremonies, and organizations, as title 36, United States Code, ‘‘Patriotic and National Observances, Ceremonies, and Organizations’’.
Signed into law by President Bill Clinton on August 12, 1998
The United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. It is part of Chapter 1 of Title 4 of the United States Code (4 U.S.C.§ 5et seq). Although this is a U.S. federal law,[1] the code is not mandatory: it uses non-binding language like "should" and "custom" throughout and does not prescribe any penalties for failure to follow the guidelines. It was "not intended to prescribe conduct" and was written to "codify various existing rules and customs."[2]
Additionally, the public law which includes the Flag Code (Pub. L. 105–225, largely codified in Title 36 of the U.S. Code), addresses conduct when the U.S. National Anthem is being played while the flag is present. That law suggests civilians in attendance should face the flag "at attention" (standing upright) with their hand over their heart.[4]
The U.S. flag is defined by 4 U.S.C.§ 5, executive order and official government standards:
The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of this title and Executive Order 10834 issued pursuant thereto.
Executive Order 10834 Proportions And Sizes Of Flags And Position Of Stars[5] prescribes the design of the flag as well as Federal Specification DDD-F-416F.[6]
Technical Drawing TIOH 5-1-17 found in Federal Specification DDD-F-416F of proper dimensions and standards of United States Flag.
Summary of the advisory code
[edit]Marines and a sailor aboard USS Nassau practice folding a flag in 2009.The proper way to fold a flag
The flag should never be dipped to any person or thing, unless it is the ensign responding to a salute from a ship of a foreign nation. 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 bearerRalph 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."[7]
The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.[9]
The flag should never touch anything physically beneath it.[9] An urban myth claimed that if the flag touched the ground, it had to be destroyed under the Flag Code; however, it has been affirmed by the American Legion and state governments that this is not the case.[10][11]
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.[9]
The flag should never be carried flat or horizontally.[9]
The flag should never be used for advertising purposes in any manner whatsoever.[9]
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.[9]
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.[13] Little had changed in the code since the Flag Day 1923 Conference. The most notable change was the removal of the Bellamy salute because of its similarities to the Hitler salute.[14]
The Army Specialist Greg L. Chambers Federal Flag Code Amendment Act of 2007 added a provision to allow governors, or the mayor of the District of Columbia, to proclaim that the flag be flown 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. The provision directs federal facilities in the area covered by the governor or mayor of the District of Columbia to fly the flag at half-staff consistent with such proclamations.[15]
"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.
This article incorporates text from this source, which is in the public domain.
