The U.S. Flag Code, set out in Title 4 of the United States Code, is the federal government’s guide to displaying, handling, and showing respect for the American flag. It covers hours of display, positioning, conduct during the Pledge of Allegiance, half-staff procedure, and how to retire a worn flag. One thing surprises most people who look it up for the first time: almost every provision is advisory. Civilians who break the rules face no fine, no arrest, and no legal consequence. The code exists to describe the customs Americans have long followed, not to punish those who don’t.
Are the Rules Actually Enforceable
For civilians, no. The code’s preamble says it is “established for the use of” civilians and civilian groups, and courts have read that as advisory language rather than a command.1Congress.gov. Frequently Asked Questions About Flag Law Flying a torn flag, leaving it up overnight without a light, or displaying it upside down are all outside the reach of federal penalties.
There is one narrow exception. Under 4 U.S.C. ยง 3, placing an advertisement on the flag or selling merchandise that uses the flag’s image for advertising is a misdemeanor within the District of Columbia, punishable by a fine of up to $100, up to 30 days in jail, or both.2Office of the Law Revision Counsel. 4 USC 3 – Use of Flag for Advertising Purposes; Mutilation of Flag Outside D.C., no federal penalty attaches to the display or handling rules.
Flag desecration sits in its own category. The Supreme Court held in Texas v. Johnson (1989) that burning the flag as political protest is protected speech,3Legal Information Institute. Texas v Johnson and struck down Congress’s follow-up statute the next year in United States v. Eichman.4Legal Information Institute. United States v Eichman Criminal enforcement of flag desecration effectively ended with those rulings.
When to Fly the Flag
The traditional hours are sunrise to sunset. The code calls that the “universal custom” for flags on buildings and outdoor flagstaffs.5Office of the Law Revision Counsel. 4 USC 6 – Time and Occasions for Display You can fly the flag around the clock if you want to, provided it stays properly illuminated after dark. A dedicated light aimed at the pole is the usual solution.
Weather is the other everyday factor. The code says the flag should not be flown in rough weather unless it is an all-weather flag, typically nylon or polyester rather than cotton. That fabric difference is why some flags last through a season of storms and others shred in a month.
More than two dozen days call for display. The familiar ones are all there: New Year’s Day, Memorial Day, Flag Day, Independence Day, Labor Day, Veterans Day, Thanksgiving. The code also names dates that fly under the radar, including Lincoln’s Birthday on February 12, National Vietnam War Veterans Day on March 29, Armed Forces Day on the third Saturday in May, Constitution Day on September 17, and Navy Day on October 27.5Office of the Law Revision Counsel. 4 USC 6 – Time and Occasions for Display The President can proclaim additional days, and each state’s admission date counts inside that state.
How to Position the Flag
Whenever the flag hangs flat against a wall or in a window, whether horizontally or vertically, the blue union goes to the upper left from the viewer’s perspective. Someone looking in from the street should see the star field in the upper left corner.6Office of the Law Revision Counsel. 4 USC 7 – Position and Manner of Display
In any grouping, the American flag holds the position of highest prominence. When displayed with state or local flags on separate staffs, it goes at the center and at the highest point. No other flag should sit above it or to its right as seen by an observer. When flags of two or more nations appear together, they fly from separate staffs of the same height; no nation’s flag takes a superior position over another’s.
A few less common situations have their own rules. On a vehicle, the flagstaff should be fixed firmly to the chassis or clamped to the right fender. On a stage or in a church, the flag goes to the speaker’s right as they face the audience. When the flag is suspended over the middle of a street, it hangs vertically with the union pointing north on an east-west street, or east on a north-south street.6Office of the Law Revision Counsel. 4 USC 7 – Position and Manner of Display
Flying the Flag at Half-Staff
Lowering to half-staff has its own procedure. The flag is raised briskly to the very top of the pole first, held there for a moment, and then lowered to the half-staff position. When taking it down at the end of the day, you raise it back to the peak again before bringing it fully down.6Office of the Law Revision Counsel. 4 USC 7 – Position and Manner of Display Skipping those steps is the most common half-staff mistake.
Only the President or a state Governor can officially order the flag to half-staff. The statute sets specific durations depending on whose death is being mourned:
- President or former President: 30 days from the date of death.
- Vice President, Chief Justice or retired Chief Justice, or Speaker of the House: 10 days from the date of death.
- Associate Justice, cabinet secretary, former Vice President, or state Governor: from the day of death until interment.
- Member of Congress: the day of death and the following day.
Two calendar dates come up every year. On Memorial Day, the flag flies at half-staff only until noon, then goes back up to the peak for the rest of the day.6Office of the Law Revision Counsel. 4 USC 7 – Position and Manner of Display On Patriot Day, September 11, a separate statute requests half-staff display to honor those lost in the 2001 attacks.7Office of the Law Revision Counsel. 36 USC 144 – Patriot Day The President may also order the flag lowered for other tragedies or the deaths of foreign dignitaries.
Conduct During the Pledge and the Passing Flag
During the Pledge of Allegiance, civilians stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove any non-religious head covering with the right hand and hold it at the left shoulder, keeping the hand over the heart.8Office of the Law Revision Counsel. 4 USC 4 – Pledge of Allegiance to the Flag; Manner of Delivery Military personnel in uniform render a salute. Veterans and service members in civilian clothing may also salute.
The same conduct applies when the flag is being raised, lowered, or carried past you in a parade. Civilians face the flag, stand at attention, and place the right hand over the heart. Citizens of other countries simply stand at attention. If the flag is moving in a procession, you render these gestures at the moment it passes your position.9Office of the Law Revision Counsel. 4 USC 9 – Conduct During Hoisting, Lowering, or Passing of Flag
What the Code Says Not to Do
The code treats the flag as a living symbol. It should never touch anything beneath it: no dragging on the ground, no dipping in water, no draping over merchandise.10Office of the Law Revision Counsel. 4 USC 8 – Respect for Flag That “living thing” language is why the flag lapel pin is worn on the left lapel, near the heart.
Using the flag as clothing, bedding, or drapery is discouraged. It should hang free rather than being bunched, gathered, or drawn back into folds. No part of the flag should serve as a costume or athletic uniform, though the code carves out an exception: a flag patch may be attached to the uniforms of military personnel, firefighters, police officers, and members of patriotic organizations.
Marking or writing on the flag is off-limits. No lettering, drawings, or insignia of any kind on the stars or stripes. The code also says the flag should not be used for advertising or printed on disposable items like paper napkins or boxes meant to be thrown away. As noted earlier, these rules are advisory for civilians. No one is being prosecuted for flag-themed paper plates at a Fourth of July cookout. The guidelines set a standard of respect rather than a legal trap.
Folding, Storing, and Retiring the Flag
The traditional fold produces a tight triangle showing only the blue star field. You start by folding the flag lengthwise so the striped section lies over the blue field, then fold it lengthwise again to make a long narrow strip. Beginning at the striped end, you make a series of triangular folds along the length of the flag until you reach the blue field, then tuck the remaining fabric inside the final fold to hold it.11U.S. Department of Veterans Affairs. Correct Method of Folding the United States Flag
A folded flag should be kept off the ground and elevated on a shelf. A sealed container in a cool, dark place helps prevent fading from sunlight and damage from moisture. The same no-touch principle that governs display applies to storage.
When a flag becomes badly torn, faded, or heavily soiled, it is no longer a fitting emblem for display. The code says it should be destroyed in a dignified way, preferably by burning.10Office of the Law Revision Counsel. 4 USC 8 – Respect for Flag The American Legion, Veterans of Foreign Wars posts, and many local Scout troops hold ceremonial retirement events and will accept old flags for proper disposal.
There is a practical complication. The code was written when most flags were cotton, wool, or silk, but today roughly nine out of ten outdoor flags are nylon or polyester. Burning synthetic fabric releases harmful fumes and tends to melt rather than burn cleanly. One alternative is to ceremonially cut the blue field away from the stripes and then separate the stripes individually; once the fabric is no longer recognizable as a flag, the pieces can go to a textile recycling service. If you’re unsure what your flag is made of, dropping it off at a veterans’ organization is the safest option, and they will handle the method of disposal.