United States Flag Code


The United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. It is Chapter 1 of Title 4 of the United States Code. This is a U.S. federal law, but the penalty described in Title 18 of the United States Code for failure to comply with it is not enforced.
This etiquette is as applied within U.S. jurisdiction. In other countries and places, local etiquette applies.

Summary of the code

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. Little had changed in the code since the Flag Day 1923 Conference. The most notable change was the removal of the Bellamy salute due to its similarities to the Hitler salute.
In 1990, the U.S. Supreme Court ruled in United States v. Eichman that the prohibition of desecration of the U.S. flag conflicts with the First Amendment right to freedom of speech and is therefore unconstitutional.
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.
The Army Specialist Joseph P. Micks 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.
The allows the military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.