The United States Flag Code

Guidelines for Conduct During Flag Ceremonies

Title 4- US Code § 9

US Flag Code

Old Glory or The Stars and Stripes — is known throughout the world as the symbol of freedom.

Overview of Section 9

Section 9 of the United States Flag Code (4 U.S.C. § 9) outlines the proper conduct during the hoisting, lowering, or passing of the U.S. flag. It is part of a non-binding federal law that promotes respect and uniformity in flag handling.

During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes.

Detailed Breakdown

  • Scope: Applies during flag hoisting/lowering, parades, or reviews.
  • Uniformed Personnel: Render the military salute.
  • Non-Uniformed Military/Veterans: May render the military salute.
  • Civilians: Face the flag, stand at attention, place right hand over heart; remove non-religious headdress if applicable.
  • Non-Citizens: Stand at attention.
  • Timing: Actions performed when the flag passes in a moving column.

Historical Context

The Flag Code was formalized in 1923 by the American Legion and codified in 1942 (Public Law 77-623). Section 9 was amended in 2008 (Public Law 110-181) to allow non-uniformed military members and veterans to render the military salute, reflecting recognition of their service.

The amendment sparked debate, with groups like the American Legion favoring uniform civilian gestures for consistency.

Practical Implications

Section 9 is observed in:

  • Military bases and government facilities.
  • Parades and civic events (e.g., Memorial Day, Independence Day).
  • Scouting and youth organizations.

As a non-binding law, compliance is voluntary, protected by First Amendment rights (*United States v. Eichman*, 1990).

Frequently Asked Questions

No, veterans and non-uniformed military personnel may salute but can also use the civilian gesture (hand over heart).

Non-religious hats or caps; religious headwear (e.g., yarmulkes, hijabs) is typically exempt.

No, it covers flag ceremonies and parades. Title 36 U.S.C. § 301 addresses anthem conduct.