American federal law establishing advisory rules for display and care of the American flag
United States Flag Code
Long title
An Act to revise, codify, and enact without substantive change certain general and permanent laws, related to patriotic and national observances, ceremonies, and organizations, as title 36, United States Code, ‘‘Patriotic and National Observances, Ceremonies, and Organizations’’.
Enacted by
the 105th United States Congress
Effective
August 12, 1998
Citations
Public law
Pub. L.Tooltip Public Law (United States) 105–225 (text) (PDF)
Statutes at Large
112 Stat. 1498
Codification
Acts amended
56 Stat. 378, chapter
435; 36 U.S.C. 175
Titles amended
Title 4 of the United States Code
U.S.C. sections created
4 U.S.C. ch. 5 § 5
Legislative history
Signed into law by President Bill Clinton on August 12, 1998
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 (4 U.S.C. § 5 et seq). Although this is a U.S. federal law,[1] the code is not mandatory: it uses non-binding language like "should" and "custom" throughout and does not prescribe any penalties for failure to follow the guidelines. It was "not intended to prescribe conduct" and was written to "codify various existing rules and customs."[2]
Separately, Congress passed the Flag Protection Act of 1968 (amended in 1989) (18 U.S.C. § 700), a since struck-down criminal statute, which prohibits mutilating, defacing, defiling or burning the flag. Although it remains part of codified federal law, it is not enforceable due to the Supreme Court of the United States finding it unconstitutional in United States v. Eichman.[3]
Additionally, the public law which includes the Flag Code (Pub. L. 105–225, largely codified in Title 36 of the U.S. Code), addresses conduct when the U.S. National Anthem is being played while the flag is present. That law suggests civilians in attendance should face the flag "at attention" (standing upright) with their hand over their heart.[4]
^Luckey, John R. (2008). The United States Flag--Federal Law Relating to Display and Associated Questions(PDF). Congressional Research Service. Archived from the original (PDF) on 2019-07-02.
^Dimmitt v. City of Clearwater, 985 F.2d 1565 (11th Cir. 1993)
^"United States v. Eichman". Oyez.
^36 U.S.C. § 301.
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