US Flag Code

The United States Flag Code

Respect For The US Flag

Title 4- US Code § 8

A Comprehensive Analysis of Respect for the U.S. Flag

US Flag Code

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

Introduction

The United States Flag Code, codified in Title 4, Chapter 1, Section 8, outlines advisory guidelines for showing respect to the U.S. flag. These rules are not legally enforceable, using non-binding terms like "should" and "custom." Established through Public Law 77-623 on June 22, 1942, and rooted in the 1923 National Flag Conference, the Code codifies customs for flag respect. This page provides an in-depth examination of Section 8, including its provisions, intent, historical context, and practical implications.

Full Text of 4 U.S. Code § 8

Respect for Flag

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

  • (a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
  • (b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
  • (c) The flag should never be carried flat or horizontally, but always 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.
  • (d) 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. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general.
  • (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
  • (f) The flag should never be used as a covering for a ceiling.
  • (g) 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.
  • (h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
  • (i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
  • (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
  • (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

Detailed Analysis

Rule: The flag should not be shown disrespect, and it should not be dipped to any person or thing, except when responding to a foreign ship's salute. Other flags may be dipped as a mark of honor.

Purpose: Establishes the flag's precedence and sanctity. Dipping is a gesture of deference, and the U.S. flag's refusal to dip underscores sovereignty.

Context: The exception for foreign ship salutes reflects naval tradition. Other flags' dipping emphasizes the U.S. flag's unique status.

Rule: The flag should not be displayed with the union down, except as a signal of dire distress.

Purpose: Preserves the upright orientation as a symbol of pride. Union down is a rare emergency signal.

Note: Misuse (e.g., protest) is disrespectful but protected as free speech (Texas v. Johnson, 1989).

Rule: The flag should not touch the ground, floor, water, or merchandise.

Purpose: Keeps the flag clean and elevated, symbolizing reverence.

Note: A flag touching the ground does not require destruction; it should be cleaned or repaired.

Rule: The flag should not be carried flat, except in respectful military/patriotic observances.

Purpose: Ensures the flag is upright, except in formal ceremonies (amended 2024, Pub. L. 118–159).

Context: Balances practicality with respect.

Rule: The flag should not be used as apparel, bedding, or drapery; bunting is recommended.

Purpose: Prevents mundane use, preserving symbolic integrity.

Note: Flag-themed clothing is common but technically violates this rule, though protected legally.

Rule: The flag should not be displayed or stored in ways that allow damage.

Purpose: Ensures the flag's condition reflects its importance.

Example: Avoid harsh weather unless the flag is all-weather.

Rule: The flag should not be used as a ceiling covering.

Purpose: Prevents decorative misuse.

Context: Targets informal or commercial settings.

Rule: No marks or designs should be placed on the flag.

Purpose: Preserves the flag's sacrosanct design.

Note: Often cited in political/commercial modification debates.

Rule: The flag should not be used as a receptacle.

Purpose: Prevents functional use, like a bag or container.

Example: Using a flag as a tablecloth is prohibited.

Rule: The flag should not be used for advertising or on temporary items.

Purpose: Prevents commercial exploitation.

Note: Flag imagery in ads is common but violates this rule.

Rule: The flag should not be used as a costume, but patches are allowed on official uniforms. Lapel pins are worn near the heart.

Purpose: Balances respect with official use; the flag is a "living thing."

Context: Patch exception reflects patriotic roles.

Rule: Unfit flags should be destroyed, preferably by burning.

Purpose: Ensures a respectful end to a flag's lifecycle.

Note: Ceremonial burnings are conducted by veterans' groups.

Historical and Legal Context

Origins and Development

  • Pre-1923: No federal guidelines; customs varied.
  • 1923: National Flag Conference drafted initial Code.
  • 1942: Codified as Public Law 77-623.
  • 2024: Amended for horizontal displays in observances (Pub. L. 118–159).

Non-Enforceable Nature

The Code uses "should," not "shall," making it advisory. Supreme Court rulings (Texas v. Johnson, 1989; United States v. Eichman, 1990) protect flag desecration as free speech. Violations carry no penalties.

Related Legislation

Freedom to Display the American Flag Act of 2005: Prohibits restrictions on homeowners' flag displays. Executive Order 10834 (1959): Defines flag design.

Practical Implications and Misconceptions

Issue Description
Ground Touching Myth A flag touching the ground does not require destruction; clean or repair it.
Flag-Themed Items Clothing and products with flag imagery violate the Code but are legally protected.
Commercial Use Flag imagery in ads violates subsection (i) but is widespread.
Ceremonial Burning Retirement ceremonies by veterans' groups align with subsection (k).
Public Awareness X posts highlight debates about flag respect, noting the Code's advisory status.

Conclusion

Section 8 provides advisory guidelines for respecting the U.S. flag, covering display, use, and disposal. Rooted in 1942 legislation and 1923 customs, it aims to preserve the flag's dignity. Its non-enforceable nature and free speech protections allow deviations, particularly in commercial and expressive contexts. Public discourse on X reflects debates about its relevance, but the Code remains a voluntary standard. For more details, visit the Legal Information Institute or American Legion.