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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 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 penalties 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.
UNITED STATES CODE
Where to Purchase a Copy of the U.S. Code
If you are using it for legal research, I urge you to verify your results
with the printed U.S. Code available through the U.S. Government Printing
Office. The printed U.S Code is available for purchase through the
Government Printing Office (GPO) at (202) 512-1800, Monday through Friday,
8 a.m. to 4 p.m., eastern time. Orders can also be sent by mail to:
Superintendent of Documents
U.S. Government Printing Office
P.O. Box 371954
Pittsburgh, PA 15250-7954
GPO accepts checks, VISA, and MasterCard.
The U.S. Code is also available on CD-ROM from the Government Printing
Office. The U.S. Code CD-ROM with the laws in effect as of January 2,
1992, (stock number 052-001-00438-8) is available for $34. The U.S. Code
CD-ROM with the laws in effect as of January 4, 1993, (stock number
052-001-00389-6) will be available (January 17, 1995) for $36. The U.S.
Code CD-ROM with the laws in effect as of January 24, 1994, is scheduled
to be available March 31, 1995.
On-Line copy of
the
U.S. Code.
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