US Flag Code
- § 1 Stars and Stripes
- § 2 Additional Stars
- § 3 Use of the Flag for advertising; mutilation
- § 4 Pledge of Allegiance
- § 5 Display and use of Flag by civilians; codifications of rules and customs
- § 6 Time and occasions for display
- § 7 Position and manner of display
- § 8 Respect for flag
- § 9 Conduct during hoisting, lowering or passing of flag
- § 10 Modification of rules and customs by President
The United States Flag Code
The US Flag: Use For Advertising
Title 4- US Code § 3
Old Glory or The Stars and Stripes — is known throughout the world as the symbol of freedom.
US Flag Code: Use for advertising and mutilation
Prohibition
The U.S. Flag Code states that the flag "should never be used for advertising purposes in any manner whatsoever" (4 U.S.C. § 8(i)). This includes:
- Not printing or impressing the flag on items for temporary use, like napkins or boxes.
- Not attaching advertising signs to a flagpole or halyard.
- Not using the flag to promote merchandise or decorate items for sale (4 U.S.C. § 3).
Legal Context
In the District of Columbia, using the flag for advertising is a misdemeanor, with fines up to $100 or imprisonment up to 30 days (4 U.S.C. § 3). Enforcement is rare elsewhere due to the advisory nature of the Code.
Rationale
The prohibition preserves the flag's symbolic value, preventing its use for commercial gain.
Practical Observations
Despite guidelines, flag use in ads (e.g., car dealerships) is common. Public views vary, and enforcement is minimal due to free speech protections.
Historical Context
Before 1968, mutilating or defacing the flag was prohibited in D.C. (4 U.S.C. § 3). This was repealed, reflecting free speech considerations.
Current Guidelines
The flag should not have any marks, designs, or drawings placed on it (4 U.S.C. § 8(g)). Such actions are discouraged to maintain its integrity.
Related Laws
The Flag Protection Act of 1968 was struck down in United States v. Eichman (1990), protecting flag mutilation as free speech. No federal penalties apply.
Respectful Disposal
Tattered flags should be destroyed, preferably by burning, in a dignified manner (4 U.S.C. § 8(k)). Organizations like the American Legion conduct retirement ceremonies.
- Non-Binding: The Flag Code is advisory, using "should" not "must." Enforcement is limited, especially after Supreme Court rulings protecting free speech (Texas v. Johnson, 1989).
- Flag Definition: Includes any representation of stars and stripes recognized as the U.S. flag (4 U.S.C. § 3).
- Public Sentiment: X posts show debates over flag misuse (e.g., apparel or altered designs), but legal action is rare.
The Flag Code aims to preserve the flag's dignity, but its advisory nature and free speech protections limit enforcement. Flag use in ads or alterations is common, with selective public outrage. Businesses should follow guidelines to avoid backlash, but legal risks are minimal outside D.C. The Code reflects national unity ideals, yet its impact is constrained by legal and cultural realities.