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Flag Code, Etiquette and Laws


THE FLAG OF THE UNITED STATES OF AMERICA
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Our nation reveres the flag, not out of a sense of unquestioning worship
but out of a deep sense of our national heritage. Strengthened by our noble
deeds, splendid accomplishments, and untold sacrifices, the flag reflects
America's pledge to uphold Freedom and work for peace throughout the world.
It is America's strength in honor, as dignified in the stars and stripes of
the flag, which helps to establish the moral character of our national
foundation.

The flag, endearingly referred to as "Old Glory," represents all people of
America. We, the people, are America. It is little wonder that the people of
America are moved when saluting the flag is it passes by, reminding us that
we are a part of this great land. We are "one nation under God."

Its unfurled banner, which symbolizes the love and pride that we have as a
nation, is a poignant reminder of America's greatness and our fortune to
live in a country which values freedom above all else. It signifies the
commitment made by our fallen comrades who battled bravely to defend the
honor of this sacred emblem - our American unity, our power, and our purpose
as a nation, and it exemplifies the devotion of our leaders who continue to
uphold its promise of liberty, justice and freedom for all.

Nothing evokes such strong emotion as seeing the flag, either a ceremony
honoring a great event or draped over the coffin of a military veteran as a
sign of mourning for a hero and a loved one.

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The Flag Code

Previous to Flag Day, June 14, 1923 there were no federal or state
regulations governing display of the United States Flag. It was on this date
that the National Flag Code was adopted by the National Flag Conference
which was attended by representatives of the Army and Navy which had evolved
their own procedures, and some 66 other national groups. This purpose of
providing clear guidance based on the Army and Navy procedures relating to
display and associated questions about the U. S. Flag was adopted by all
organizations in attendance.

A few minor changes were made a year later during the Flag Day 1924
Conference, It was not until June 22, 1942 that Congress passed a joint
resolution which was amended on December 22, 1942 to become Public Law 829;
Chapter 806, 77th Congress, 2nd session. Exact rules for use and display of
the flag (36 U.S.C. 173-178) as well as associated sections (36 U.S.C. 171)
Conduct during Playing of the National Anthem, (36 U.S.C. 172) the Pledge of
Allegiance to the Flag, and Manner of Delivery were included.

This code is the guide for all handling and display of the Stars and
Stripes. It does not impose any penalties, neither civil or criminal for
misuse of the United States Flag. That is left to the states and to the
federal government for the District of Columbia. Each state has its own flag
law.

Criminal penalties for certain acts of desecration to the flag were
contained in Title 18 of the United States Code prior to 1989. The Supreme
Court decision in Texas v. Johnson; June 21, 1989, held the statute
unconstitutional. This statute was amended when the Flag Protection Act of
1989 (Oct. 28, 1989) imposed a fine and/or up to I year in prison for
knowingly mutilating, defacing, physically defiling, maintaining on the
floor or trampling upon any flag of the United States. The Flag Protection
Act of 1989 was struck down by the Supreme Court decision, United States vs.
Eichman, decided on June 11, 1990.

While the Code empowers the President of the United States to alter, modify,
repeal or prescribe additional rules regarding the Flag, no federal agency
has the authority to issue 'official' rulings legally binding on civilians
or civilian groups. Consequently, different interpretations of various
provisions of the Code may continue to be made. The Flag Code may be fairly
tested: 'No disrespect should be shown to the Flag of the United States of
America.' Therefore, actions not specifically included in the Code may be
deemed acceptable as long as proper respect is shown.

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