US Flag Code

The United States Flag Code

Presidential Authority to Modify Flag Display Rules

Title 4- US Code § 10

US Flag Code

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

Overview - Section 10

Section 10 of the United States Flag Code (4 U.S.C. § 10) grants the President, as Commander in Chief, the authority to alter, modify, repeal, or prescribe additional rules regarding the display and use of the U.S. flag. Changes must be formalized through a presidential proclamation. This section ensures flexibility in adapting flag protocols to national or international needs while maintaining the flag's symbolic integrity.

Text of Section 10

"Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation."

  • Scope: Applies to rules in 4 U.S.C. §§ 4–10 (display, use, respect).
  • Authority: President has discretion when deemed "appropriate or desirable."
  • Process: Modifications require a formal proclamation.

Purpose and Intent

Section 10 ensures the Flag Code remains adaptable to changing circumstances, such as wartime, diplomatic events, or national emergencies. The advisory nature of the Flag Code (using "should" rather than "shall") is reinforced by allowing the President to tailor protocols while preserving the flag's role as a symbol of unity and liberty.

Historical Context

Codified in 1942 during World War II (Public Law 77-623), the Flag Code built on 1923 National Flag Conference guidelines. Section 10 was added to formalize the President's authority to issue flag-related directives, critical during times of global conflict.

Enacted during WWII, reflecting heightened flag symbolism and the need for diplomatic flexibility (e.g., lend-lease aid).

President Eisenhower updated the flag design to 50 stars post-Hawaii statehood, showcasing executive authority over flag matters.

President Roosevelt allowed the flag's image on lend-lease aid packages, an exception to advertising prohibitions, demonstrating Section 10's wartime utility.

Scope and Applications

Section 10 applies to rules in 4 U.S.C. §§ 4–9, covering Pledge of Allegiance, civilian flag use, display times, positioning, respect, and flag ceremony conduct. The President can:

  • Alter/Repeal Rules: E.g., suspend horizontal display bans for events.
  • Prescribe New Rules: E.g., protocols for national mourning.
  • Temporary/Permanent Changes: For one-time events or long-term customs.

Examples of Presidential Actions

Allowed flag use on WWII lend-lease aid packages, overriding advertising restrictions respectfully.

Presidents issue half-staff orders for tragedies (e.g., 9/11, COVID-19), extending or modifying standard protocols under Section 10.

Formalizing flexible displays for military recruitment, diplomatic events, or digital flag guidelines.

Legal and Practical Implications

  • Non-Mandatory: Flag Code is advisory, so proclamations carry symbolic weight.
  • Judicial Oversight: Proclamations restricting free speech (e.g., flag desecration) may face scrutiny (United States v. Eichman).
  • Public Perception: Proclamations can unify or polarize, depending on context.
  • Executive Discretion: Broad authority risks controversy if perceived as politicizing the flag.

Limitations

  • Proclamation Requirement: Changes must be formal.
  • Scope: Limited to 4 U.S.C. §§ 4–10, not flag design.
  • Respect: Must align with "no disrespect" principle (4 U.S.C. § 8).
  • Congress: Can amend Flag Code to limit authority.

Modern Relevance

As of May 24, 2025, Section 10 remains relevant amid cultural debates over flag use in protests, commerce, and digital spaces. It offers a mechanism to address emerging issues, like virtual flag displays, provided changes respect the flag's sanctity.

Conclusion

Section 10 empowers the President to adapt flag protocols to national needs while upholding the flag's symbolic significance. Historical applications (e.g., WWII) and modern challenges (e.g., digital displays) highlight its flexibility. For more details, visit govinfo.gov.