H. Doc. 100—247: Our Flag (2024)

Our FlagH. Doc. 100—247

The laws relating to the flag of the United States ofAmerica are found in detail in the United States Code. Title 4, Chapter1 pertains to the flag and seal, seat of Government and the States;Title 18, Chapter 33 pertains to crimes and criminal procedures; Title36, Chapter 10 pertains to patriotic customs and observances. These lawswere supplemented by Executive Orders and PresidentialProclamations.

Title 36, Chapter 10—PATRIOTICCUSTOMS

§171. National anthem; Star-Spangled Banner,conduct during playing

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

§172. Pledge of Allegiance to the flag;manner of delivery

The Pledge of Allegiance to the Flag, "I pledgeallegiance to the Flag of the United States of America, and to theRepublic for which it stands, one Nation under God, indivisible, withliberty and justice for all.", should be rendered by standing atattention facing the flag with the right hand over the heart. When notin uniform men should remove their headdress with their right hand andhold it at the left shoulder, the hand being over the heart. Persons inuniform should remain silent, face the flag, and render the militarysalute.

§173. Display and Use of flag by civilians;codification of rules and customs; definition

The following codification of existing rules andcustoms pertaining to the display and use of the flag of the UnitedStates of America is established for the use of such civilians orcivilian groups or organizations as may not be required to conform withregulations promulgated by one or more executive departments of theGovernment of the United States. The flag of the United States for thepurpose of this chapter shall be defined according to Title 4, UnitedStates Code, chapter 1, section 1 and section 2 and Executive Order10834 issued pursuant thereto.

§174. Time and occasions for display

(a) It is the universal custom to display the flagonly from sunrise to sunset on buildings and on stationary flagstaffs inthe open. However, when a patriotic effect is desired, the flag may bedisplayed twenty-four hours a day if properly illuminated during thehours of darkness.

(b) The flag should be hoisted briskly and loweredceremoniously.

(c) The flag should not be displayed on days when theweather is inclement, except when an all weather flag is displayed.

(d) 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 inFebruary; Easter Sunday (variable), Mother's Day, second Sunday in May;Armed Forces Day, third Saturday in May: Memorial Day (half-staff untilnoon), the last Monday in May; Flag Day, June 14; Independence Day, July4; Labor Day, first Monday in September; Constitution Day, September 17;Columbus Day, second Monday in October; Navy Day, October 27; VeteransDay, November 11; Thanksgiving Day, fourth Thursday in November;Christmas Day, December 25; and such other days as may be proclaimed bythe President of the United States; the birthdays of States (date ofadmission); and on State holidays.

(e) The flag should be displayed daily on or near themain administration building of every public institution.

(f) The flag should be displayed in or near everypolling place on election days.

(g) The flag should be displayed during school daysin or near every schoolhouse.

§175. Position and manner of display

The flag, when carried in a procession with anotherflag or flags, should be either on the marching right; that is, theflag's own right, or, if there is a line of other flags, in front of thecenter of that line.

(a) The flag should not be displayed on a float in aparade except from a staff, or as provided in subsection (i) of thissection.

(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 theflag is displayed on a motorcar, the staff shall be fixed firmly to thechassis or clamped to the right fender.

(c) No other flag or pennant should be placed aboveor, if on the same level, to the right of the flag of the United Statesof America, except during church services conducted by naval chaplainsat sea, when the church pennant may be flown above the flag duringchurch services for the personnel of the Navy. No person shall displaythe flag of the United Nations or any other national or internationalflag 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 theUnited States or any Territory or possession thereof: Provided, Thatnothing in this section shall make unlawful the continuance of thepractice heretofore followed of displaying the flag of the UnitedNations in a position of superior prominence or honor, and othernational flags in positions of equal prominence or honor, with that ofthe flag of the United States at the headquarters of the UnitedNations.

(d) The flag of the United States of America, when itis 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 infront of the staff of the other flag.

(e) The flag of the United States of America shouldbe at the center and at the highest point of the group when a number offlags of States or localities or pennants of societies are grouped anddisplayed from staffs.

(f) When flags of States, cities, or localities, orpennants of societies are flown on the same halyard with the flag of theUnited States, the latter should always be at the peak. When the flagsare flown from adjacent staffs, the flag of the United States should behoisted first and lowered last. No such flag or pennant may be placedabove the flag of the United States or to the United States flag'sright.

(g) When flags of two or more nations are displayed,they are to be flown from separate staffs of the same height. The flagsshould be of approximately equal size. International usage forbids thedisplay of the flag of one nation above that of another nation in timeof peace.

(h) When the flag of the United States is displayedfrom a staff projecting horizontally or at an angle from the windowsill, balcony, or front of a building, the union of the flag should beplaced at the peak of the staff unless the flag is at half staff. Whenthe flag is suspended over a sidewalk from a rope extending from a houseto 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 verticallyagainst a wall, the union should be uppermost and to the flag's ownright, that is, to the observer's left. When displayed in a window, theflag should be displayed in the same way, with the union or blue fieldto the left of the observer in the street.

(j) When the flag is displayed over the middle of thestreet, it should be suspended vertically with the union to the north inan east and west street or to the east in a north and south street.

(k) When used on a speaker's platform, the flag, ifdisplayed flat, should be displayed above and behind the speaker. Whendisplayed from a staff in a church or public auditorium, the flag of theUnited States of America should hold the position of superiorprominence, in advance of the audience, and in the position of honor atthe clergyman's or speaker's right as he faces the audience. Any otherflag so displayed should be placed on the left of the clergyman orspeaker or to the right of the audience.

(l) The flag should form a distinctive feature of theceremony of unveiling a statue or monument, but it should never be usedas the covering for the statue or monument.

(m) The flag, when flown at half-staff, should befirst hoisted to the peak for an instant and then lowered to thehalf-staff position. The flag should be again raised to the peak beforeit is lowered for the day. On Memorial Day the flag should be displayedat half-staff until noon only, then raised to the top of the staff. Byorder of the President, the flag shall be flown at half-staff upon thedeath of principal figures of the United States Government and theGovernor of a State, territory, or possession, as a mark of respect totheir memory. In the event of the death of other officials or foreigndignitaries, the flag is to be displayed at half-staff according toPresidential instructions or orders, or in accordance with recognizedcustoms or practices not inconsistent with law. In the event of thedeath of a present or former official of the government of any State,territory, or possession of the United States, the Governor of thatState, territory, or possession may proclaim that the National flagshall be flown at half-staff. The flag shall be flown at half-staffthirty days from the death of the President or a former President; tendays from the day of death of the Vice President, the Chief Justice or aretired Chief Justice of the United States, or the Speaker of the Houseof Representatives; from the day of death until interment of anAssociate Justice of the Supreme Court, a Secretary of an executive ormilitary department, a former Vice President, or the Governor of aState, territory, or possession; and on the day of death and thefollowing day for a Member of Congress. As used in thissubsection—

(1) the term "half-staff" means the position of theflag when it is one-half the distance between the top and bottom of thestaff;

(2) the term "executive or military department" meansany agency listed under sections 101 and 102 of title 5, United StatesCode; and

(3) the term "Member of Congress" means a Senator, aRepresentative, a Delegate, or the Resident Commissioner from PuertoRico.

(n) When the flag is used to cover a casket, itshould be so placed that the union is at the head and over the leftshoulder. The flag should not be lowered into the grave or allowed totouch the ground.

(o) When the flag is suspended across a corridor orlobby in a building with only one main entrance, it should be suspendedvertically with the union of the flag to the observer's left uponentering. If the building has more than one main entrance, the flagshould be suspended vertically near the center of the corridor or lobbywith the union to the north, when entrances are to the east and west orto the east when entrances are to the north and south. If there areentrances in more than two directions, the union should be to theeast.

§176. Respect for the Flag

No disrespect should be shown to the flag of theUnited States of America; the flag should not be dipped to any person orthing. Regimental colors, State flags, and organization or institutionalflags are to be dipped as a mark of honor.

(a) The flag should never be displayed with the uniondown, except as a signal of dire distress in instances of extreme dangerto 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 orhorizontally, 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, andred, always arranged with the blue above, the white in the middle, andthe red below, should be used for covering a speaker's desk, draping thefront 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 aceiling.

(g) The flag should never have placed upon it, nor onany 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 forreceiving, holding, carrying, or delivering anything.

(i) The flag should never be used for advertisingpurposes in any manner whatsoever. It should not be embroidered on sucharticles as cushions or handkerchiefs and the like, printed or otherwiseimpressed on paper napkins or boxes or anything that is designed fortemporary use and discard. Advertising signs should not be fastened to astaff or halyard from which the flag is flown.

(j) No part of the flag should ever be used as acostume or athletic uniform. However, a flag patch may be affixed to theuniform of military personnel, firemen, policemen, and members ofpatriotic organizations. The flag represents a living country and isitself considered a living thing. Therefore, the lapel flag pin being areplica, should be worn on the left lapel near the heart.

(k) The flag, when it is in such condition that it isno longer a fitting emblem for display, should be destroyed in adignified way, preferably by burning.

§177. Conduct during hoisting, lowering orpassing of flag

During the ceremony of hoisting or lowering the flagor when the flag is passing in a parade or in review, all personspresent except those in uniform should face the flag and stand atattention with the right hand over the heart. Those present in uniformshould render the military salute. When not in uniform men should removetheir headdress with their right hand and hold it at the left shoulder,the hand being over the heart. Aliens should stand at attention. Thesalute to the flag in a moving column should be rendered at the momentthe flag passes.

§178. Modification of rules and customs byPresident

Any rule or custom pertaining to the display of theflag of the United States of America, set forth herein, may be altered,modified, or repealed, or additional rules with respect thereto may beprescribed, by the Commander in Chief of the Armed Forces of the UnitedStates, whenever he deems it to be appropriate or desirable; and anysuch alteration or additional rule shall be set forth in aproclamation.