The Flag of the United States
The following paragraphs are taken from the Statutes of the
United States.
Sec. 173. Display and use of flag by civilians; codification
of rules and customs; definition
The following codification of existing rules and customs pertaining to the display
and use of the flag of the United States of America is established for the use
of such civilians or civilian groups or organizations as may not be required to
conform with regulations promulgated by one or more executive departments of the
Government of the United States. The flag of the United States for the
purpose of this chapter shall be defined according to sections 1 and 2 of Title 4
and Executive Order 10834 issued pursuant thereto.
References in Text
This chapter, referred to in text, probably means chapter 435 of Act June 22, 1942,
56 Stat. 380, which comprises sections 171 to 178 of this title.
Executive Order 10834, referred to in text, is Ex. Ord. No. 10834, Aug. 21, 1959,
24 F.R. 79, which is set out as a note under section 1 of Title 4, Flag and Seal,
Seat of Government, and the States.
Amendments
1976 Amendment. Pub.L. 94-344 added provisions defining "flag of the United States"
for purposes of this chapter according to sections 1 and 2 of Title 4 and Executive
Order 10834.
Modification of rules and customs by President, see 36 USCA Sec. 178.
NOTES OF DECISIONS
1. Purpose: Federal flag code is not intended to proscribe behavior but is fashioned
as expression of prevalent custom and usage regarding display of American flag.
Lapolla v. Dullaghan, 1970, 311 N.Y.S.2d 435, 63 Misc.2d 157.
2. Generally: Federal flag code provisions are not to be accorded full weight of
statutory proscription but are an expression of custom and usage which is designed
for, and should be used by civilian authorities, including school districts.
Lapolla v. Dullaghan, 1970, 311 N.Y.S.2d 435, 63 Misc.2d 157.
3. State and local regulations: Flag regulations of State Commission of Education
determining material and size of flag, manner and place of display, care of flag
and pledge to the flag are constitutional and do not contravene either United States
Constitution or New York State Constitution. Lapolla v. Dullaghan, 1970,
311 N.Y.S.2d 435, 63 Misc.2d 157.
This section and section 174-178 of this title codifying existing rules and customs
for display and use of flag by civilians does not deprive the states of the power
to regulate the conduct of citizens of the state toward the United States flag when
such conduct is likely to produce a breach of the peace within their borders.
People v. Von Rosen, 1958, 147 N.E.2d 327, 13 Ill.2d 68.
36 USCA Sec. 174, Time and occasions for display
(a) Displays on buildings and stationary flagstaffs in open; night display:
It is the universal custom to display the flag only from sunrise to sunset on buildings
and on stationary flagstaffs in the open. However, when a patriotic effect
is desired, the flag may be displayed twenty-four hours a day if properly illuminated
during the hours of darkness.
(b) Manner of hoisting: The flag should be hoisted briskly and lowered ceremoniously.
(c) Inclement weather: The flag should not be displayed on days when the weather
is inclement, except when an all weather flag is displayed.
Amendments
1976 Amendment. Subsec. (a). Pub.L. 94-344, Sec. 1(2), substituted provision permitting
display of the flag for 24 hours a day to produce a patriotic effect if flag is
properly illuminated during the hours of darkness, for provision permitting night
display of the flag upon special occasions when it is desired to produce a patriotic effect.
Subsec. (c). Pub.L. 94-344, Sec. 1(3), added provision excepting display of all weather flag.
Subsec. (d). Pub.L. 94-344, Sec. 1(4), eliminated references to "when the weather
permits" following "displayed on all days" and "Army Day, April 6" preceding "Easter
Sunday", added reference to "Armed Forces Day, third Saturday in May", and substituted
"third Monday in February" for "February 22", "the last Monday in May" for "May 30",
and "second Monday in October" for "October 12".
Subsec. (e). Pub.L. 94-344, Sec. 1(5), struck out ", weather permitting, " following
"displayed daily".
Sec. 175. Position and manner of display
[Title 36 - Patriotic Societies and Observances
Chapter 10 - Patriotic Customs = 36 USC Sec. 175]
The flag, when carried in a procession with another flag or flags, should be either
on the marching right; that is, the flag's own right, or, if there is a line of
other flags, in front of the center of that line.
(a) The flag should not be displayed on a float in a parade except from a staff,
or as provided in subsection (i) of this section.
(b) The flag should not be draped over the hood, top, sides, or back of a vehicle
or of a railroad train or a boat. When the flag is displayed on a motorcar,
the staff shall be fixed firmly to the chassis or clamped to the right fender.
(c) No other flag or pennant should be placed above or, if on the same level, to
the right of the flag of the United States of America, except during church services
conducted by naval chaplains at sea, when the church pennant may be flown above
the flag during church services for the personnel of the Navy. No person
shall display the flag of the United Nations or any other national or international flag
equal, above, or in a position of superior prominence or honor to, or in place of,
the flag of the United States at any place within the United States or any Territory
or possession thereof: Provided, that nothing in this section shall make
unlawful the continuance of the practice heretofore followed of displaying the flag
of the United Nations in a position of superior prominence or honor, and other national
flags in positions of equal prominence or honor, with that of the flag of the United States
at the headquarters of the United Nations.
(d) The flag of the United States of America, when it is displayed with another
flag against a wall from crossed staffs, should be on the right, the flag's own right,
and its staff should be in front of the staff of the other flag.
(e) The flag of the United States of America should be at the center and at the
highest point of the group when a number of flags of States or localities or pennants
of societies are grouped and displayed from staffs.
(f) When flags of States, cities, or localities, or pennants of societies are flown
on the same halyard with the flag of the United States, the latter should always
be at the peak. When the flags are flown from adjacent staffs, the flag
of the United States should be hoisted first and lowered last. No such
flag or pennant may be placed above the flag of the United States or to the United
States flag's right.
(g) When flags of two or more nations are displayed, they are to be flown from separate
staffs of the same height. The flags should be of approximately equal
size. International usage forbids the display of the flag of one nation
above that of another nation in time of peace.
(h) When the flag of the United States is displayed from a staff
projecting horizontally or at an angle from the window sill, balcony,
or front of a building, the union of the flag should be placed
at the peak of the staff unless the flag is at half staff.
When the flag is suspended over a sidewalk from a rope extending
from a house to a pole at the edge of the sidewalk, the flag should
be hoisted out, union first, from the building.
(i) When displayed either horizontally or vertically against a wall,
the union should be uppermost and to the flag's own right, that is,
to the observer's left. When displayed in a window, the flag should
be displayed in the same way, with the union or blue field to the left
of the observer in the street.
(j) When the flag is displayed over the middle of the street,
it should be suspended vertically with the union to the north
in an east and west street or to the east in a north and south street.
(k) When used on a speaker's platform, the flag, if displayed flat,
should be displayed above and behind the speaker. When displayed
from a staff in a church or public auditorium, the flag
of the United States of America should hold the position of superior prominence,
in advance of the audience, and in the position of honor
at the clergyman's or speaker's right as he faces the audience.
Any other flag so displayed should be placed on the left of the clergyman
or speaker or to the right of the audience.
(l) The flag should form a distinctive feature of the ceremony
of unveiling a statue or monument, but it should never be used
as the covering for the statue or monument.
(m) The flag, when flown at half-staff, should be first hoisted
to the peak for an instant and then lowered to the half-staff position.
The flag should be again raised to the peak before it is lowered for the day.
On Memorial Day the flag should be displayed at half-staff until noon only,
then raised to the top of the staff. By order of the President,
the flag shall be flown at half-staff upon the death of principal figures
of the United States Government and the Governor of a State, territory,
or possession, as a mark of respect to their memory.
In the event of the death of other officials or foreign dignitaries,
the flag is to be displayed at half-staff according to Presidential
instructions or orders, or in accordance with recognized customs
or practices not inconsistent with law. In the event of the death
of a present or former official of the government of any State,
territory, or possession of the United States, the Governor of that State,
territory, or possession may proclaim that the National flag
shall be flown at half-staff. The flag shall be flown at half-staff
thirty days from the death of the President or a former President;
ten days from the day of death of the Vice President, the Chief Justice
or a retired Chief Justice of the United States, or the Speaker
of the House of Representatives; from the day of death until interment
of an Associate Justice of the Supreme Court, a Secretary
of an executive or military department, a former Vice President,
or the Governor of a State, territory, or possession;
and on the day of death and the following day for a Member of Congress.
As used in this subsection--
- (1) the term "half-staff" means the position of the flag
when it is one-half the distance between the top and bottom of the staff;
- (2) the term "executive or military department" means any agency
listed under sections 101 and 102 of Title 5; and
- (3) the term "Member of Congress" means a Senator, a Representative,
a Delegate, or the Resident Commissioner from Puerto Rico.
(n) When the flag is used to cover a casket, it should be so placed
that the union is at the head and over the left shoulder. The flag should
not be lowered into the grave or allowed to touch the ground.
(o) When the flag is suspended across a corridor or lobby in a building
with only one main entrance, it should be suspended vertically
with the union of the flag to the observer's left upon entering.
If the building has more than one main entrance, the flag should be
suspended vertically near the center of the corridor or lobby with
the union to the north, when entrances are to the east and west or to
the east when entrances are to the north and south. If there are entrances
in more than two directions, the union should be to the east.
Amendments
1976 Amendment. Subsec. (b). Pub.L. 94-344, Sec. 1(6) substituted
"right fender" for "radiator cap".
Subsec. (f). Pub.L. 94-344, Sec. 1(7), substituted "to the United
States flag's right" for "to the right of the flag of the United States".
Subsec. (i). Pub.L. 94-344, Sec. 1(8), substituted requirement that
when the flag is displayed horizontally or vertical against a wall
or in a window, the union should be uppermost and to the flag's own right
for requirement that when the flag is displayed otherwise than from a staff,
it should be displayed flat, whether indoors or out, or so suspended that
it falls as free as though it were staffed.
Subsec. (k). Pub.L. 94-344, Sec. 1(9), eliminated provisions relating
to flag position when displayed on a staff in the chancel of a church
or speaker's platform of an auditorium.
Subsec. (m). Pub.L. 94-344, Sec. 1(10), added provisions relating
to half-staff display of the flag on Memorial Day and upon the death
of principal figures of the United States government and State governments
and definitions of terms therein and eliminated provisions relating
to the affixing of crepe streamers to spearheads and flagstaffs
in a parade only on the order of the President.
Subsec. (o). Pub.L. 94-344, Sec. 1(11), added subsec. (o).
1953 Amendment. Subsec. (c). Act July 9, 1953, added second sentence.
1942 Amendment. Subsec. (i). Act Dec. 22, 1942, added
"or so suspended that its folds fall as free as though the flag were staffed",
and omitted provisions when displayed against a wall or in a window.
Subsec. (m). Act Dec. 22, 1942, substituted "lowering" for "hauling"
in third sentence.
NOTES OF DECISIONS :
1. Generally: This section relating to proper manner of display
of national flag are not intended to proscribe conduct but are merely
declaratory or advisory; recurrent use of word "should" throughout
such provisions is indicative of lack of penal purpose. Holmes v. Wallace,
D.C.Ala.1976, 407 F.Supp. 493, affirmed 540 F.2d 1083.
This section respecting position of American flag when displayed
or carried with other flags was not intended to proscribe behavior
but was rather fashioned as an expression of prevalent custom regarding
the display of the American flag. State of Del. ex rel. Trader v. Hodsdon,
D.C.Del.1967, 265 F.Supp. 308.
2. Confederate flag: Congress, in enacting amendatory provision of this
section prohibiting displaying of flags of international organizations
or other nations in equal or superior prominence or honor to the flag
of the United States, did not intend to prohibit state sponsored display
of Confederate flag on dome of state capitol; provision of Flag Code
was manifestly directed at other practices. Holmes v. Wallace, D.C.Ala.1976,
407 F.Supp. 493, affirmed 540 F.2d 1083.
3. Height of flag: Flying the flag of Republic of Panama and flag
of United States in Canal Zone at equal heights on separate flag poles
did not violate this section. Doyle v. Fleming, D.C.Canal Zone 1963, 219 F.Supp. 277.
4. Right of action: Provision of this code prohibiting display
of flags of international organizations or other nations in equal
or superior prominence or honor to flag of United States does not create any rights
in private individuals and could not form basis for civil rights action
alleging deprivation of rights, privileges, or immunities secured
by constitution and laws. Holmes v. Wallace, D.C.Ala.1976, 407 F.Supp. 493,
affirmed 540 F.2d 1083.
5. Injunction against display of flag: United States District Court
did not have jurisdiction to enjoin defendant from flying the flag
of the United Nations above and to the right of the American flag
in front of his residence. State of Del. ex rel. Trader v. Hodsdon,
D.C.Del.1967, 265 F.Supp. 308.
Sec. 176. 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.
(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.
1976 Amendment. Par. (a). Pub.L. 94-344, Sec. 1(12), inserted
reference to instances of extreme danger to life or property.
Par. (d). Pub.L. 94-344, Sec. 1(13), added requirement that
a flag should never be used as wearing apparel or bedding.
Par. (e). Pub.L. 94-344, Sec. 1(14), substituted "to permit" for "will permit".
Par. (i). Pub.L. 94-344, Sec. 1(15), eliminated provision that
the flag should not be used on a costume or athletic uniform.
Par. (j). Pub.L. 94-344, Sec. 1(16), added par. (j). Former par.
(j) was redesignated as (k).
Par. (k). Pub.L. 94-344, Sec. 1(16), redesignated former par. (j) as (k).
1942 Amendment. Par. (g). Act Dec. 22, 1942, added "any" before "part".
1. Refusal to salute or repeat pledge
Standing silently at attention while others salute and pledge
allegiance to flag of the United States does not constitute offense
of "disrespect to the flag." Bolling v. Superior Court for Clallam
County, 1943, 133 P.2d 803, 16 Wash.2d 373.
36 USCA Sec. 177, Conduct during hoisting, lowering
or passing of flag
During the ceremony of hoisting or lowering the flag or
when the flag is passing in a parade or in review, all persons present
except those in uniform should face the flag and stand at attention
with the right hand over the heart. Those present in uniform should
render the military salute. When not in uniform, men should remove
their headdress with their right hand and hold it at the left shoulder,
the hand being over the heart. Aliens should stand at attention.
The salute to the flag in a moving column should be rendered
at the moment the flag passes.
Amendments
1976 Amendment. Pub.L. 94-344 substituted in first sentence
"with right hand over the heart" for ", and salute" and struck out
"Men without hats should salute in the same manner," preceding
"Aliens should" and "Women should salute by placing right hand over the heart,"
preceding "The salute to the flag".
1942 Amendment. Act Dec. 22, 1942, substituted "military salute",
for "right-hand salute" in second sentence, "should salute in the same manner",
for "merely stand at attention" in fourth sentence, and added fifth sentence.
Modification of rules and customs by President, see 36 USCA Sec. 178.
PROCLAMATION NO. 2605 - THE FLAG OF THE UNITED STATES
The flag of the United States of America is universally representative
of the principles of the justice, liberty, and democracy enjoyed
by the people of the United States; and
People all over the world recognize the flag of the United States
as symbolic of the United States; and
The effective prosecution of the war requires a proper understanding
by the people of other countries of the material assistance being given
by the Government of the United States:
NOW, THEREFORE, by virtue of the power vested in me by the Constitution
and laws of the United States, particularly by the Joint Resolution
approved June 22, 1942, as amended by the Joint Resolution approved
December 22, 1942 [sections 171-178 of this title], as President
and Commander in Chief, it is hereby proclaimed as follows:
1. The use of the flag of the United States or any representation thereof,
if approved by the Foreign Economic Administration, on labels, packages,
cartons, cases, or other containers for articles or products of the United States
intended for export as lend-lease aid, as relief and rehabilitation aid,
or as emergency supplies for the Territories and possessions of the United States,
or similar purposes, shall be considered a proper use of the flag
of the United States and consistent with the honor and respect due to the flag.
2. If any article or product so labeled, packaged or otherwise bearing
the flag of the United States or any representation thereof, as provided
for in section 1, should, by force of circumstances, be diverted to
the ordinary channels of domestic trade, no person shall be considered
as violating the rules and customs pertaining to the display of the flag
of the United States, as set forth in the Joint Resolution approved June 22, 1942,
as amended by the Joint Resolution approved December 22, 1942 (U.S.C.Supp. II,
Title 36, secs. 171-178) [sections 171-178 of this title], for possessing,
transporting, displaying, selling or otherwise transferring any such article
or product solely because the label, package, carton, case, or other container
bears the flag of the United States or any representation thereof.
Administered by the National Society's Americanism Committee
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