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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 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.
§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
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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.
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The flag should be hoisted briskly
and lowered ceremoniously.
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The flag should not be displayed on
days when the weather is inclement, except when an all-weather flag is
displayed.
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The flag should be displayed on all
days, especially on
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New Year's Day, January 1
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Inauguration Day, January 20
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Martin Luther King Jr.'s birthday,
third Monday in January
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Lincoln's Birthday, February 12
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Washington's Birthday, third Monday
in February
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Easter Sunday (variable)
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Mother's Day, second Sunday in May
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Armed Forces Day, third Saturday in
May
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Memorial Day (half-staff until
noon), the last Monday in May
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Flag Day, June 14
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Father's Day, third Sunday in June
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Independence Day, July 4
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Labor Day, first Monday in
September
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Constitution Day, September 17
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Columbus Day, second Monday in
October
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Navy Day, October 27
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Veterans Day, November 11
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Thanksgiving Day, fourth Thursday
in November
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Christmas Day, December 25
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and such other days as may be
proclaimed by the President of the United States
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the birthdays of States (date of
admission)
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and on State holidays.
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The flag should be displayed daily on
or near the main administration building of every public institution.
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The flag should be displayed in or
near every polling place on election days.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 —
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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;
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the term "executive or military
department" means any agency listed under sections 101 and 102 of
title 5, United States Code; and
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the term "Member of Congress" means
a Senator, a Representative, a Delegate, or the Resident Commissioner
from Puerto Rico.
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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.
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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.
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.
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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.
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The flag should never touch anything
beneath it, such as the ground, the floor, water, or merchandise.
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The flag should never be carried flat
or horizontally, but always aloft and free.
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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.
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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.
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The flag should never be used as a
covering for a ceiling.
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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.
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The flag should never be used as a
receptacle for receiving, holding, carrying, or delivering anything.
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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.
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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.
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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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