The Federal Flag Code, in Title 4 of the U.S. Code, lays out how civilians should display and handle the American flag, and its rules cover everything from what time of day to fly it to how to retire one that’s worn out. The flag code rules are advisory, not criminal: they use the word “should” throughout, carry no fines or jail time for civilians, and cannot override your First Amendment rights. Following them is a voluntary act of respect, which is what gives the customs their weight in the first place.
The Code Is a Guide, Not a Law You Can Be Punished Under
Section 5 of Title 4 describes the code as “a codification of existing rules and customs” for civilians and civilian groups that aren’t already bound by military regulations.1Office of the Law Revision Counsel. 4 U.S.C. 5 – Display and Use of Flag by Civilians; Codification of Rules and Customs; Definition The statute uses “should” rather than “shall” or “must,” which reflects that these are recommendations, not commands.
Congress once tried to add penalties. After the Supreme Court held in Texas v. Johnson (1989) that burning a flag as political protest is protected symbolic speech, Congress passed the Flag Protection Act to criminalize flag burning.2Legal Information Institute. Texas v Johnson, 491 U.S. 397 The Court struck that law down the next year in United States v. Eichman, ruling that it “suppresses expression out of concern for its likely communicative impact.”3Legal Information Institute. United States v Eichman, 496 U.S. 310 No federal or state law can punish you for mishandling the flag.
When to Fly the Flag
Under Section 6, the traditional practice is to fly the flag from sunrise to sunset on buildings and stationary flagpoles in the open.4Office of the Law Revision Counsel. 4 U.S.C. 6 – Time and Occasions for Display If you want to leave it up overnight, illuminate it during the hours of darkness. Take it down in bad weather unless you’re flying an all-weather flag built to withstand the conditions.
You can fly the flag any day, but the code names specific occasions where display is especially encouraged: Independence Day, Memorial Day, Veterans Day, and Flag Day, along with less-remembered dates such as Constitution Day on September 17, National Vietnam War Veterans Day on March 29, and National Korean War Veterans Armistice Day on July 27.4Office of the Law Revision Counsel. 4 U.S.C. 6 – Time and Occasions for Display The code also calls for daily display near every public institution’s main building, at or near every polling place on election days, and at or near every schoolhouse on school days.
Where to Position the Flag
Section 7 gives the American flag the place of honor in every arrangement. When you hang it flat against a wall, horizontally or vertically, the blue union field goes at the top and to the observer’s left. In a window, the union faces the left side from the perspective of someone looking in from the street.5Office of the Law Revision Counsel. 4 U.S.C. 7 – Position and Manner of Display
If you fly multiple flags on a single pole with one rope, the American flag goes at the peak. On adjacent flagpoles, hoist it first and lower it last. No state flag, city flag, organization pennant, or international flag should sit above the American flag or to its right at the same level.5Office of the Law Revision Counsel. 4 U.S.C. 7 – Position and Manner of Display
Flying at Half-Staff
Section 7(m) requires that the flag be raised briskly to the very top of the pole for an instant before being lowered to the half-staff position. Before it comes down for the day, it goes back to the peak again.5Office of the Law Revision Counsel. 4 U.S.C. 7 – Position and Manner of Display Skipping that momentary rise to full staff is one of the most common mistakes.
Only the President, state governors, and the Mayor of the District of Columbia have authority to order the flag to half-staff. The code sets specific durations depending on who has died:5Office of the Law Revision Counsel. 4 U.S.C. 7 – Position and Manner of Display
- 30 days for the death of a sitting or former President
- 10 days for the death of the Vice President, Chief Justice or retired Chief Justice, or Speaker of the House
- From the day of death until interment for an Associate Justice, cabinet secretary, former Vice President, or state governor
- The day of death and the following day for a Member of Congress
On Memorial Day, the flag flies at half-staff from sunrise until noon, then rises to full staff for the rest of the day. It also flies at half-staff on Peace Officers Memorial Day unless that date falls on Armed Forces Day. Governors may order half-staff in their state for the death of a state official, a service member from that state who dies on active duty, or a first responder killed in the line of duty.
How to Stand During Ceremonies
Three different provisions govern personal conduct, and the postures are so similar they get confused.
During the Pledge of Allegiance
Section 4 says civilians should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove any non-religious headwear with the right hand and hold it at the left shoulder, with the hand remaining over the heart.6Office of the Law Revision Counsel. 4 U.S.C. 4 – Pledge of Allegiance to the Flag; Manner of Delivery Members of the Armed Forces and veterans not in uniform may render a military salute instead.
During Hoisting, Lowering, or a Passing Flag
Section 9 covers moments when the flag is being raised or lowered on a pole, or carried by in a parade. Face the flag, stand at attention with the right hand over the heart, and remove any hat with the right hand and hold it at the left shoulder. Veterans not in uniform may render the military salute.7Office of the Law Revision Counsel. 4 U.S. Code 9 – Conduct During Hoisting, Lowering or Passing of Flag In a moving parade, hold the posture as the flag passes your position.
During the National Anthem
Anthem rules live in a separate title, 36 U.S.C. ยง 301. When the anthem plays and a flag is visible, face it, stand at attention, and place your right hand over your heart. Men not in uniform remove their hats and hold them at the left shoulder. If no flag is displayed, face the direction of the music and act as though the flag were there.8Office of the Law Revision Counsel. 36 U.S.C. 301 – National Anthem
Handling and Cleaning
Section 8 governs how you physically interact with the flag. It should never touch the ground, a floor, water, or anything beneath it. It should never be carried flat or horizontal, and should always be kept aloft and falling free, whether on a pole, a cross-staff, or in a procession.9Office of the Law Revision Counsel. 4 U.S.C. 8 – Respect for Flag It should never be stored or fastened in a way that lets it become torn, soiled, or damaged.
Cleaning is part of the same duty of care. For nylon, polyester, or cotton flags, hand washing with a mild detergent in cool water works. Rinse thoroughly and air dry, since wringing the fabric can damage stitching. Machine washing on a gentle cycle with cold water is an option for durable flags, though air drying is still better. Delicate or historical flags may need professional dry cleaning. Repair any tears before washing so the damage doesn’t spread, and skip bleach and harsh chemicals.
What the Flag Should Not Be Used For
Section 8 draws a firm line between honoring the flag and treating it as ordinary fabric. The flag should never serve as clothing, bedding, or drapery. It should not cover a ceiling, and it should not be bunched or gathered into folds. It should always hang or fall free.9Office of the Law Revision Counsel. 4 U.S.C. 8 – Respect for Flag
Advertising is off-limits. The flag should never be used for advertising in any form, and its image should not appear on disposable items such as paper napkins or boxes. Advertising signs should not be fastened to the same staff or rope that flies the flag, and the flag should never be used as a container for holding or carrying anything.9Office of the Law Revision Counsel. 4 U.S.C. 8 – Respect for Flag
Here’s the distinction that trips people up. The code says no part of the flag should be used as a costume or athletic uniform, but a flag patch may be worn on the uniforms of military personnel, firefighters, police officers, and members of patriotic organizations.10Office of the Law Revision Counsel. 4 U.S.C. 8 – Respect for Flag The prohibition targets taking an actual flag and cutting or draping it into a garment. A commercially manufactured shirt printed with a flag-inspired design was never a flag to begin with, so the code doesn’t reach it. The same section adds that a lapel flag pin, being a replica rather than an actual flag, should be worn on the left lapel near the heart.
Folding and Retiring a Worn Flag
The traditional fold produces a tight triangle showing only the blue field. Two people hold the flag waist-high, fold it in half lengthwise twice while keeping it taut, then make triangular folds starting from the striped end toward the union. Thirteen folds finish the shape. This method isn’t prescribed by the code itself, but it’s the standard military and civilian practice.
When a flag is too faded, torn, or tattered to be a fitting emblem, Section 8(k) says it should be “destroyed in a dignified way, preferably by burning.”9Office of the Law Revision Counsel. 4 U.S.C. 8 – Respect for Flag That single sentence is the entire statutory guidance on retirement. The code prescribes no particular ceremony or words.
If burning your own flag feels uncomfortable or impractical, drop it off with a veterans’ organization. The Veterans of Foreign Wars and the American Legion maintain collection programs at their local posts and typically hold formal retirement ceremonies, often on Flag Day. Many Boy Scout troops conduct retirement ceremonies as well. The point is to keep the flag out of the trash and give it a respectful end.