United States Flag Code

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Template:Short description Template:Use American English Template:Use mdy dates Template:Infobox US legislation The United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. It is part of Chapter 1 of Title 4 of the United States Code (Template:Usc et seq). Although this is a U.S. federal law,<ref>Template:Cite book</ref> the code is not mandatory: it uses non-binding language like "should" and "custom" throughout and does not prescribe any penalties for failure to follow the guidelines. It was "not intended to prescribe conduct" and was written to "codify various existing rules and customs."<ref>Dimmitt v. City of Clearwater, 985 F.2d 1565 (11th Cir. 1993)</ref>

Separately, Congress passed the Flag Protection Act of 1968 (amended in 1989) (Template:Usc), a since struck-down criminal statute, which prohibited mutilating, defacing, defiling or burning the flag. Although it remains part of codified federal law, it is not enforceable due to the Supreme Court of the United States finding it unconstitutional in United States v. Eichman.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Additionally, the public law which includes the Flag Code (Pub. L. 105–225, largely codified in Title 36 of the U.S. Code), addresses conduct when the U.S. National Anthem is being played while the flag is present. That law suggests civilians in attendance should face the flag "at attention" (standing upright) with their hand over their heart.<ref>Template:Usc.</ref>

Definition of a United States flag

The U.S. flag is defined by Template:United States Code and § 2, executive order and official government standards:

The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field.<ref>The 50-star arrangement and proportions were officially established by Executive Order 10834.</ref>

— 4 U.S.C. § 1

On the admission of a new State to the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.

— 4 U.S.C. § 2

Executive Order 10834 Proportions And Sizes Of Flags And Position Of Stars<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref> prescribes the design of the flag as well as Federal Specification DDD-F-416F.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

File:US Flag spec TIOH 5-1-17 1967.jpg
Technical Drawing TIOH 5-1-17 found in Federal Specification DDD-F-416F of proper dimensions and standards of United States Flag

Summary of the advisory code

File:US Navy 090706-N-5712P-021 Gunnery Sgt. William Ward and Gunnery Sgt. Daniel Fowler, both embarked aboard the amphibious assault ship USS Nassau (LHA 4), teach Midshipman 1st Class William Fitzgerald, from the U.S. Naval Academ.jpg
Marines and a sailor aboard Template:USS practice folding a flag in 2009.
File:Fold-us-flag-animated.gif
The proper way to fold the flag of the United States of America

|CitationClass=web }}Template:PD-notice</ref>

  • The flag should never touch anything physically beneath it.<ref name="AutoJP-2"/> An urban myth claimed that if the flag touched the ground, it had to be destroyed under the Flag Code; however, it has been affirmed by the American Legion and state governments that this is not the case.<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }} (dead link 26 August 2025)</ref>

History

Flag Day

Prior to Flag Day, June 14, 1923, neither the federal government nor the states had official guidelines governing the display of the United States' flag. On that date, the National Flag Code was constructed by representatives of over 68 organizations, under the auspices of the National Americanism Commission of the American Legion. The code drafted by that conference was printed by the national organization of the American Legion and given nationwide distribution.

On June 22, 1942, the code became Public Law 77-623; chapter 435.<ref name="PL_77-623">Section 7, Pub.L. 77−623, 56 Stat. 380, Chap. 435, H.J.Res. 303, enacted June 22, 1942. (WITH the Bellamy Salute)</ref> Little had changed in the code since the Flag Day 1923 Conference. The most notable change was the removal of the Bellamy salute because of its similarities to the Hitler salute.<ref name="PL_77-829">Section 7, Pub.L. 77−829, 56 Stat. 1074, Chap. 806, H.J.Res. 359, enacted December 22, 1942. (WITHOUT the Bellamy Salute)</ref>

The Freedom to Display the American Flag Act of 2005 prohibits real estate management organizations from restricting homeowners from displaying the Flag of the United States on their own property.Template:Citation needed

The Army Specialist Greg L. Chambers Federal Flag Code Amendment Act of 2007 added a provision to allow governors, or the mayor of the District of Columbia, to proclaim that the flag be flown at half-staff upon the death of a member of the Armed Forces from any State, territory, or possession who died while serving on active duty. The provision directs federal facilities in the area covered by the governor or mayor of the District of Columbia to fly the flag at half-staff consistent with such proclamations.<ref>Template:Cite news</ref>

The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Sec. 595.) allows the military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.Template:Citation needed

Notes and references

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