Did You Know – The American Flag

I’ve never been one to jump on the bandwagon and I’ve been particularly wary of the jingoism that has gripped this country in the last few years. It seems that lately everywhere you look you’ll find the flag plastered on anything that sits still long enough. Faded, torn and dirty stickers adorn cars, dirty shirts, ties and socks with the flag adorn dirty individuals. Even napkins, plates and wrappers have been sighted with the flag on them.

Did you know that the US has a Flag Code? It specifies how the flag should be displayed, when it should be displayed, how to properly fold the flag and if necessary how to dispose of a flag. Flag day is this Saturday, June 14th, so I thought it appropriate to take a look at a few items that caught my attention when I re-read the flag code. For how to display the flag correctly click here.

First, we should define what a flag is:

According to the Flag Code, a flag is a flag or anything “by which the average person seeing the same without deliberation may believe the same to represent the flag.” According to the definition in the Flag Code, the items in these images are flags:

Out of respect for the flag you should never (full list):

• display it with the union down, except as a signal of distress.
• let the flag touch anything beneath it: ground, floor, water, merchandise.
  
• place anything on the flag, including letters, insignia, or designs of any kind.
• use it for holding anything.
  
• use it as wearing apparel, bedding or drapery. It should not be used on a costume or athletic uniform. However, a flag patch may be attached to the uniform of patriotic organizations, military personnel, police officers and firefighters.
  
• use the flag for advertising or promotion purposes or print it on paper napkins, boxes or anything else intended for temporary use and discard.

Interesting Flag Code violations (for more visit the American Flag Wall of Shame):

January 2008, John McCain autographed a flag for a supporter at a January rally in Keene, N.H. In 2003, President Bush autographed a small flag (see next), which created a stir online. Flag Code: “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.” Photo credit: Stephen Crowley/The New York Times

In July 2003 President Bush autographed a small flag. This picture was circulated across the Internet noting its violation of the Flag Code: “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.” Photo credit: AP Photo/Charles Dharapak

Super Bowl 2004, Janet Jackson’s “costume malfunction” made international news; that same half-time show featured the wearing of an American flag by performer Kid Rock. He later removed the flag poncho and hurled it over his head. Section 8d. reads, “The flag should never be used as wearing apparel.” Photo credit: Reuters

Interesting Flag Q&A (full list):

Are there penalties for violating the Flag Code?

No. The Flag Code serves as a guide to be followed on a purely voluntary basis to insure proper respect for the flag. The Supreme Court has ruled that politically motivated violations of the Flag Code are protected by the First Amendment. The Flag Code has no provision for enforcement. No fines, no penalties. There is nothing law enforcement can do when the Flag Code is broken.

Are flags on T-shirts, ties, etc., really flags?

Yes. According to the Flag Code, a flag is anything “by which the average person seeing the same without deliberation may believe the same to represent the flag.” Therefore, a flag includes any representation of it of any substance, with stars and stripes of any number. This would include T-shirts and ties. The Flag Code states that the flag should never be worn. (Section 8d): “The flag should never be used as wearing apparel.”

How should I dispose of T-shirts with pictures of the flag on them?

Because the T-shirt is, according to the Flag Code, indeed a flag, it leads to the somewhat absurd conclusion that it needs to be retired in a dignified way.

Can the American flag be used as the background for a bulletin board display with notices tacked on it?

No. According to the Flag Code, Section 8g: “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.” Section 8: “No disrespect should be shown to the flag of the United States of America.” Section 8j: “The flag represents a living country and is itself considered a living thing.”

Is it okay to use flag napkins or flag paper plates?

No. Section 8i of the Flag Code reads: “It should not be … printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard.”

Is it okay for an advertisement to use the flag?

No. Section 8i of the Flag Code reads, “The flag should never be used for advertising purposes in any manner whatsoever.” The earliest drafts of the Flag Code were in response to the use of the flag in advertisements and on packaging.

Can I have people sign my flag?

No, you should never sign the flag directly on it. If your flag has a canvas strip that holds the grommets, it is acceptable to have everyone sign along that canvas strip. Or, you can have everyone sign a separate document that can then be framed and displayed with the flag.

I am thinking of getting a flag tattoo. Is it okay?

There is nothing in the Flag Code about tattoos. The question is one of respect for the flag. In this case one person’s respect is another’s disrespect, and we advise against a flag tattoo. Perhaps an American eagle would look good?

This is the first post in a potential series called Did You Know (aka DYK)