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United States Code Title 4 Chapter 1 — The Flag
§1. Flag; stripes and stars on
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 [Note: Sec. 2 provides for
additional stars; Today the flag has fifty stars representing the fifty
states — Webmaster], white in a blue field
§2. Same; additional stars
On the admission of a new State into 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
§3. Use of flag for advertising purposes; mutilation of flag
Any person who, within the District of Columbia, in
any manner, for exhibition or display, shall place or cause to be placed
any word, figure, mark, picture, design, drawing, or any advertisement
of any nature upon any flag, standard, colors, or ensign of the United
States of America; or shall expose or cause to be exposed to public view
any such flag, standard, colors, or ensign upon which shall have been
printed, painted, or otherwise placed, or to which shall be attached,
appended, affixed, or annexed any word, figure, mark, picture, design,
or drawing, or any advertisement of any nature; or who, within the
District of Columbia, shall manufacture, sell, expose for sale, or to
public view, or give away or have in possession for sale, or to be given
away or for use for any purpose, any article or substance being an
article of merchandise, or a receptacle for merchandise or article or
thing for carrying or transporting merchandise, upon which shall have
been printed, painted, attached, or otherwise placed a representation of
any such flag, standard, colors, or ensign, to advertise, call attention
to, decorate, mark, or distinguish the article or substance on which so
placed shall be deemed guilty of a misdemeanor and shall be punished by
a fine not exceeding $100 or by imprisonment for not more than thirty
days, or both, in the discretion of the court. The words "flag,
standard, colors, or ensign", as used herein, shall include any flag,
standard, colors, ensign, or any picture or representation of either, or
of any part or parts of either, made of any substance or represented on
any substance, of any size evidently purporting to be either of said
flag, standard, colors, or ensign of the United States of America or a
picture or a representation of either, upon which shall be shown the
colors, the stars and the stripes, in any number of either thereof, or
of any part or parts of either, by which the average person seeing the
same without deliberation may believe the same to represent the flag,
colors, standard, or ensign of the United States of America.
§4. Pledge of allegiance to the flag; manner of delivery
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 any non-religious 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. [See
Congressional Notes re use of "under God."]
§5. 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 be, and it is hereby, 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 title 4, United States Code, Chapter 1, Section 1 and Section 2 and
Executive Order
10834 issued pursuant thereto.
§6. Time and occasions for 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.
- 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
- Martin Luther King Jr.'s birthday, third
Monday in January
- 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
- Father's Day, third Sunday in June
- 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 (date 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.
§7. Position and manner of display
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 (i) 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. 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.
- 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 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.
- 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 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.
- 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.
- 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.
- 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.
- 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, or the death of a member of the Armed Forces from any
State, territory, or possession who dies while serving on active
duty, the Governor of that State, territory, or possession may
proclaim that the National flag shall be flown at half-staff, and
the same authority is provided to the Mayor of the District of
Columbia with respect to present or former officials of the District
of Columbia and members of the Armed Forces from the District of
Columbia. The flag shall be flown at half-staff 30 days from the
death of the President or a former President; 10 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. The flag shall be flown at
half-staff on Peace Officers Memorial Day, unless that day is also
Armed Forces Day. As used in this subsection —
- 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;
- the term "executive or military department"
means any agency listed under sections 101 and 102 of title 5,
United States Code; and
- the term "Member of Congress" means a
Senator, a Representative, a Delegate, or the Resident
Commissioner from Puerto Rico.
- 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.
§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.
- 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
§9. 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 in uniform should render the military salute. Members of the
Armed Forces and veterans who are present but not in uniform may render
the military salute. All other persons present should face the flag and
stand at attention with their right hand over the heart, or if
applicable, remove their headdress with their right hand and hold it at
the left shoulder, the hand being over the heart. Citizens of other
countries present should stand at attention. All such conduct toward the
flag in a moving column should be rendered at the moment the flag
passes.
§10. Modification of rules and customs by President
Any rule or custom pertaining to the display of the
flag of the United States of America, set forth herein, may be altered,
modified, or repealed, or additional rules with respect thereto may be
prescribed, by the Commander in Chief of the Armed Forces of the United
States, whenever he deems it to be appropriate or desirable; and any
such alteration or additional rule shall be set forth in a proclamation
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