United States Code Revised 1985 99th Congress, 1st Session

Index
Conduct During Playing of National Anthem
The Pledge of Allegiance to Flag
Display and Use of Flag
Time and Occasions for Display
Position and Manner of Display
Respect for Flag
Conduct During Hoisting, Lowering or passing of Flag
Criminal penalties with respect to the physical integrity of the United States Flag
Title 4 Description of the Flag

Title 36 Conduct During Playing of National Anthem

171 During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there.

The Pledge of Allegiance to Flag

172 The Pledge of Allegiance to the Flag, "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all", should be rendered by standing at attention facing the flag with the right hand over the heart. 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. Persons in uniform should remain silent, face the flag, and render the military salute.

Display and Use of the Flag

173 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 this purpose shall be defined according to United States Code, chapter 10 sections 1 and 2 of Title 4 and Executive Order 10834 issued pursuant thereto.

Time and Occasions for Display

174 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.

The flag should be hoisted briskly and lowered ceremoniously.

The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed.

The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (dates of admission); and on state holidays.

The flag should be displayed daily on or near the main administration building of every public institution.

The flag should be displayed in or near every polling place on election days.

The flag should be displayed during school days in or near every schoolhouse.

Position and Manner of Display

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.

The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection of this section.

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.

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.

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.

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.

When flags of States, cities, or localities, or pennants of societies are flown on the same halyards 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 my be placed above the flag of the United States or to the United States flag's right.

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.

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 a 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.

When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that it, 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.

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 the east in a north and south street.

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 flags so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.

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.

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 a 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 internment 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--

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.

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.

Respect for Flag

176 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 institution flags are to be dipped as a mark of honor.

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.

The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.

The flag should never be carried flat or horizontally, but always aloft and free.

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.

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.

The flag should never be used as a covering for a ceiling.

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.

The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.

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.

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.

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.

Conduct During Hoisting, Lowering or passing of Flag

177 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.

Criminal Penalties with respect to the physical integrity of the United States Flag

The 101st Congress passed Public Law 101-131 which amended section 700 of Title 18, United States Code.

Section 1. The Act is cited as the "Flag Protection Act of 1989."

Section 2. Criminal penalties with respect to the physical integrity of the United States Flag.

 (a) In General -- Subsection (a) of section 700 of title 18, United States Code, is amended to read as follows:

 "(A)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.

 "(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.".

  (b) Definition -- Section 700(b) of title 18, United States Code, is amended to read as follows:

 "(B) As used in this section, the term 'flag of the United States means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.".

Title 4 Description of the Flag

The Flag of the United States of America has 13 horizontal stripes - 7 red and 6 white - the red and white stripes alternating, and union which consists of white stars of five points on a blue field placed in the upper quarter next the staff and extending to the lower edge of the fourth red stripe from the top.

The union of the flag now contains 50 stars, each star with one point upward. The number of stars is the same as the number of States in the Union. On the admission of a State into the Union a star is added to the union of the Flag, and such addition is effective on the 4th day of July next succeeding the admission of the State. The 50 star Flag became the official Flag of the United States of America on July 4, 1960 following the admission of the State of Hawaii into the Union on August 21, 1959. The positions of the stars in the union shall be as indicated on the attachment to the Executive Order 10834 of President Eisenhower, August 21, 1959. That attachment prescribes the proportions of the flag which are as follows:

Hoist (width) of the flag: 1.
Fly (length) of the flag: 1.9
Hoist (width) of the union: .5385(7/13)
Fly (length) of union: .76
Width of each stripe: .0769 (1/13)
Diameter of star: .0610








Colors


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