The rules in the U.S. Flag Code cover when to display the American flag, how to position it, how people should behave around it, what uses are off limits, and how to retire one that’s worn out. Congress adopted the code in 1942 and placed it in Chapter 1 of Title 4 of the United States Code. For civilians and private organizations, it reads as guidance rather than criminal law. You won’t be fined or arrested for getting a detail wrong, but the customs still matter to a lot of people, and the code is the authoritative reference.1Office of the Law Revision Counsel. 4 USC Chapter 1 – The Flag
When to Fly the Flag
The traditional hours are sunrise to sunset. If you want to fly the flag through the night, light it well enough that someone passing by can recognize it in the dark. A standard spotlight or floodlight aimed at the flag meets that requirement.2Office of the Law Revision Counsel. 4 USC 6 – Time and Occasions for Display
Take the flag down in heavy rain, snow, or high winds. The exception is an all-weather flag, typically made of nylon or another synthetic built to handle the elements.
The code lists more than 20 days when the flag should be displayed. The ones people most often mark:
- New Year’s Day (January 1)
- Martin Luther King Jr.’s Birthday (third Monday in January)
- Presidents’ Day (third Monday in February)
- Armed Forces Day (third Saturday in May)
- Memorial Day (last Monday in May, half-staff until noon, then full staff)
- Flag Day (June 14)
- Independence Day (July 4)
- Labor Day (first Monday in September)
- Constitution Day (September 17)
- Veterans Day (November 11)
- Thanksgiving Day (fourth Thursday in November)
- Christmas Day (December 25)
Beyond the holidays, the flag should be displayed near every polling place on election days and at or near every schoolhouse during school days. Your state’s admission date is a display day too, along with state holidays and any dates the President designates by proclamation.3Office of the Law Revision Counsel. 4 USC 6 – Time and Occasions for Display
How to Position the Flag
The blue field of stars is called the union. When you hang the flag flat against a wall or place it in a window, the union goes at the top and to the observer’s left. That holds whether the flag is horizontal or vertical: from the street, the union always sits in the upper-left corner.4Office of the Law Revision Counsel. 4 USC 7 – Position and Manner of Display
On a speaker’s platform, a flat-hung flag belongs above and behind the speaker. When flown from a staff in a church or auditorium, the flag takes the position of honor at the speaker’s right, which is the audience’s left. Any other flags go on the opposite side.
With Other Flags
The American flag always holds the position of honor. In a row of state, local, or organizational flags, it goes on its own right (the observer’s left). Nothing flies above it, and nothing sits at the same height to its right. When multiple flags share one halyard, the U.S. flag flies at the peak.
The rules shift with flags of other nations. International protocol calls for national flags to fly from separate staffs of equal height and to be about the same size. In peacetime, no nation’s flag is displayed above another’s. When you raise and lower flags together, the American flag goes up first and comes down last.
Parades and Vehicles
In a parade with other flags, the American flag belongs either on the marching right or, if there’s a line of flags, out front at the center. It should not be draped over a float; if it’s on the float, it must fly from a staff. On a car, the staff should be firmly fixed to the chassis or clamped to the right fender rather than draped over the hood, roof, sides, or trunk.
Conduct During the Pledge, Anthem, and Passing Flag
During the Pledge of Allegiance, stand at attention facing the flag with your right hand over your heart. If you’re wearing a hat that isn’t religious headwear, take it off with your right hand and hold it at your left shoulder so your hand stays over your heart. People in military uniform face the flag silently and salute.5Office of the Law Revision Counsel. 4 USC 4 – Pledge of Allegiance to the Flag; Manner of Delivery
The same posture applies during the National Anthem. Face the flag if one is displayed, or face the music if none is visible. Uniformed military personnel salute from the first note through the last, and veterans not in uniform may also render a military salute.6Office of the Law Revision Counsel. 36 USC 301 – National Anthem
When the flag passes in a parade or is being hoisted or lowered, do the same: face the flag, hand over heart, hat off, at the moment it passes your position. Citizens of other countries should stand at attention.7Office of the Law Revision Counsel. 4 USC 9 – Conduct During Hoisting, Lowering, or Passing of Flag
What You Should Never Do With a Flag
Keep the flag off the ground, the floor, water, and merchandise.8Office of the Law Revision Counsel. 4 USC 8 – Respect for Flag Keep it clean and in good repair. Minor seam repairs are fine as long as they don’t change the proportions or appearance. When the fabric is badly frayed, faded, or stained, retire it.
The code also lays out specific prohibited uses:
- The flag should not serve as drapery of any kind and should never cover a ceiling.
- No part of an actual flag should be worn as a costume or used on an athletic uniform. A flag patch may be worn on the uniforms of military personnel, firefighters, police officers, and members of patriotic organizations. Lapel flag pins should be worn on the left lapel, near the heart.
- The flag should not be embroidered on cushions or handkerchiefs, nor printed on napkins, boxes, or anything meant for temporary use.
- The flag should never be used for advertising, and advertising signs should not be attached to a flagpole or halyard from which the flag flies.
Actual Flags vs. Flag-Patterned Items
A common point of confusion: these restrictions apply to actual U.S. flags, not to clothing or products that carry a stars-and-stripes pattern. A T-shirt with red, white, and blue stripes isn’t a flag. A bandana with a flag motif isn’t a flag. Wearing them doesn’t violate the code. The rule against using the flag as a costume means you shouldn’t cut up or wrap yourself in an actual flag; it doesn’t reach patriotic-themed apparel.
Half-Staff Display
Flying the flag at half-staff signals mourning, and the procedure is precise. Hoist the flag briskly to the top of the staff for a moment, then lower it to the half-staff position. At day’s end, raise it back to the peak before bringing it all the way down.
The President can order flags to half-staff nationwide. Governors can do the same within their state or territory. On Memorial Day, the flag flies at half-staff only until noon, then returns to full staff for the rest of the day.
The code sets specific half-staff periods depending on whose death is being mourned:
- President or former President: 30 days from the date of death
- Vice President, Chief Justice (current or retired), or Speaker of the House: 10 days from the date of death
- Associate Justice of the Supreme Court, Cabinet Secretary, former Vice President, or sitting Governor: from the day of death until interment
- Member of Congress: the day of death and the following day
The President can also order half-staff after national tragedies or on other occasions, and governors can do the same for deaths of state and local officials within their jurisdiction.
Draping a Casket
When the flag covers a casket, the union is placed at the head and over the left shoulder of the deceased. The flag should not be lowered into the grave and must not touch the ground during the service.
Retiring a Worn Flag
A flag is ready for retirement when it’s no longer a fitting emblem: badly torn, permanently stained, or significantly faded. The code says an unserviceable flag should be destroyed in a dignified way, preferably by burning.10Office of the Law Revision Counsel. 4 USC 8 – Respect for Flag The fire should be large enough to fully consume the fabric, and those present typically stay silent or offer a salute.
Many people fold the flag into its traditional triangular shape before the ceremony: lengthwise twice with the union visible on top, then a series of triangular folds from the striped end toward the blue field. That isn’t required by statute, but it’s a longstanding custom observed by veterans’ organizations and the military.
If you’d rather not handle retirement yourself, local chapters of the American Legion, Veterans of Foreign Wars, and Boy Scout or Girl Scout troops often collect unserviceable flags and hold formal ceremonies throughout the year. Most have collection boxes at their posts.
Nylon and Polyester Flags
Burning a synthetic flag creates toxic fumes, which makes the traditional method impractical for many people. Accepted alternatives include cutting the flag apart, separating the blue field from the stripes so the pieces no longer form a flag, and then disposing of the material properly. Burial in a sealed container is another recognized approach. Some organizations run recycling programs that repurpose old flag material into new flags. Any of these methods still meets the code’s core directive of dignified disposal.
Is Any of This Legally Enforceable?
For the most part, no. The Flag Code in 4 U.S.C. §§ 4–10 is a set of guidelines for civilians, not a criminal statute. A narrow federal misdemeanor targets using the flag in advertising within the District of Columbia, with a maximum fine of $100 or 30 days in jail and very limited geographic scope.
A separate federal statute, 18 U.S.C. § 700, criminalizes flag desecration with penalties up to a year in prison, but that law is effectively unenforceable. The Supreme Court struck down its predecessor in Texas v. Johnson (1989), holding that burning a flag in political protest is expressive conduct protected by the First Amendment.11Legal Information Institute (Cornell Law School). Texas v. Johnson Congress passed the Flag Protection Act of 1989, and the Court struck that down as well in United States v. Eichman (1990).12Legal Information Institute (Cornell Law School). United States v. Eichman The text of § 700 is still in the U.S. Code, but its editorial notes acknowledge it has been held unconstitutional.13Office of the Law Revision Counsel. 18 USC 700 – Desecration of the Flag of the United States; Penalties
So flag etiquette is a matter of respect and tradition rather than legal obligation. Nobody will fine you for flying a tattered flag or forgetting to light it at night. But the customs carry real weight for a lot of people, and knowing the rules means you can get the details right when they matter.