THE STARS & STRIPES
QUESTIONS AND ANSWERS
As I was considering the subject for this week’s article, I reflected upon the traditions and history surrounding the observance of Memorial Day coming up on May 30th which I have written about in previous articles. I could see all the flags decorating oh so many of our native son’s graves in my mind’s eye. This reflection, combined with the knowledge that this is a midterm election year, made the choice an easy one. I decided that it might be interesting to delve into the origins, evolution, display, and disposal of damaged and/or weather-worn American flags.
While the American flag always presents an eye-catching image with its combination of red, white, and blue colors, it was not until June 14, 1923 (Flag Day), that the American Legion, representatives of 68 other patriotic, fraternal, civic, and military organizations met in Washington, D.C. for the purpose of drafting a code of flag etiquette.
On June 22, 1942, the 77th Congress adopted this codification of rules as public law. It is Title 4, United States Code, Chapter One. The Federal Flag Code provisions prescribe proper respect to the Star and Stripes.
It can be confusing and not everyone understands the rules clearly. While others didn’t even know that such Federal Codes existed. As a result, well-intentioned citizens sometimes innocently get themselves into embarrassing situations. Here are some things to remember if and when you consider displaying the great American flag.
Question… Are the following examples of using the American flag that might be considered by some to be incorrect, in fact, incorrect?
Examples: I’m certain that many of you have seen napkins decorated with the flag at banquets and/or other patriotic events. Perhaps you have thought about purchasing flag-decorated pillows for special holidays. You’ve probably seen businesses use images of the American flag in their advertising. You have no doubt seen people proudly wear a flag bandana. Box companies often print the flag on their containers. Patriotic programs have words printed upon the flag. Athletes wear uniforms upon which is stitched the American flag. They all stir patriotic images in your mind. Do they not? Technically however, I was told that they are all incorrect ways to display the American flag. That can’t be right. How can that be?
I decided to investigate further because I carry a purse with an American flag on it; wear t-shirts and jeans with the American flag printed on them. My watch has an American flag on it. Am I in violation of the Federal Flag Code?
Section 4 of the Federal Flag Code says ‘the flag should not be embroidered on such articles as cushions, handkerchiefs, printed or otherwise impressed on paper napkins, boxes or anything designed for temporary use, nor used as part of a costume or athletic uniform. The flag should never be used for any advertising purpose. Advertising signs should not be fastened to a staff or halyard (flagpole rope) from which it is flown. The flag should never have placed upon any part of it, nor attached to it any mark, letter, word, figures, design, picture, or drawing.”
The one purpose of the Federal Flag Code’s rules is to emphasize respect. The U.S. flag is never subordinated to anything but the Deity, and never humbled to an individual. The flag’s character and importance are depreciated. The Stars & Stripes is always honored as the paramount official symbol of American liberties, loyalty, dignity, and power.
I went even further and asked the American Legion. They informed me that the U.S. Flag Code only prohibits the use of clothes that are made of the American flag, not clothes showing images of the American flag. If a shirt features a patch made OF an American flag, wearing it is a violation of the U.S. Flag Code. On the other hand, if a shirt has an American flag graphic or image printed on it, wearing it is not a violation of the U.S. Flag Code. (Sigh of relief)
The bottom line is that it’s okay to wear clothes showing the American flag, assuming it’s just a printed image rather than an actual American flag or part of an American flag. If a garment is made of an American flag, however, you shouldn’t wear it as stated in the U.S. Flag Code.
Question… Can we and should we fly the U.S. Flag at night?
It has been said that the Federal Flag Code was changed, and it is no longer required that the flag be properly illuminated during the hours of darkness. However, that is incorrect. The Code has not been changed. It still states that the universal custom is to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. In the event that a more patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. Also, there are a few other instances when the American Flag is properly flown at night. Those are when the flag is flown over the national capitol building; when it is flown from a permanent fort or ship engaged in battle or upon occasions when a special patriotic effect is desired.
There are places where the American Flag flies regularly. But, even in these locations, there are protocols and expectations. Four American flags fly over the national capitol building in Washington D.C. One flies from the east front, one from the west front, one from the Senate wing and one from the House wing. The flags on the east and west fronts are flown daily, the year around, 24 hours a day, indicating that the capitol is the government’s main building. Those flags are flown at half-mast when the nation mourns.
Question… Why do the flags on the Senate and House wings fly 24 hours a day at some periods and are raised and lowered at other periods?
The flags on the west and east wings tell whether Congress is in session or adjourned. If adjourned, the flags are not flown. If Congress is merely in recess, the flags on the two wings are flown day and night until reconvention. When the House and Senate are in session, the flags are raised daily at the hour the respective branches convene. They are lowered when the lawmakers adjourn for the day.
Gravesite of Francis Scott Key, author of the anthem.
Question…Does the American flag fly over the grave of Francis Scot Key 24 hours a day?
It’s true that the American flag flies over the grave of the man who authored “The Star-Spangled Banner,” our national anthem, but contrary to some beliefs, that flag is taken down at sunset and proudly raised at sunrise.
Question… Can a mayor, a town official, or the Post Commander order the American flag to be displayed at half-staff?
The gesture of placing the flag at half-staff means the Nation or the state mourns the death of a highly regarded National or state figure, hence only the President of the United States or the Governor of the state may order the Flag to be half-staffed in accordance with Flag Code section 7(m). Those individuals and agencies that usurp authority and display the flag at half-staff on inappropriate occasions are quickly eroding the honor and reverence accorded this solemn act.
Question… What is the proper way to dispose of a flag once it has become damaged and/or worn?
At some point consideration must be given regarding the process of ending the service of the damaged flag properly and respectfully.
According to the Flag Code, when it is in such a condition that it is no longer a fitting emblem for display, it should be destroyed in a dignified way, preferably by burning.” Since 1937, The American Legion has promoted the use of a public flag disposal ceremony. This ceremony is a fitting tribute and an overt expression of patriotism, which enhances the public’s understanding of honor and respect due the American flag. (This is in no way remotely similar to the brazen disrespected manner in which the American flag is burned in protest.)
Question… Can an American flag that has been used to drape the casket of a soldier, Veteran, or other individual be used for other purposes afterwards?
An American flag that was used to drape a casket can be used for any other proper display purpose to include displaying this flag from a staff or flagpole. One of the most beautiful displays I have seen is when it has been included in a shadow box with a soldier’s other items.
Reasons for flying the Stars and Stripes in the manner recommended in the Federal Code. First, since a flag flown at night cannot be seen except at very close range, what is the use of flying it? Second, a flag flying from a building or staff at night would be subject to damage by winds and inclement weather rising when everyone is asleep. Third, our flag should never be forgotten… hence the daily care and ceremony of raising it briskly… each morning and lowering it slowly at sunset seems appropriate.
Note: It is important to note that according to the Congressional Research Service, most of the Federal Code contains no explicit enforcement mechanisms. Relevant case law would suggest that the provisions without enforcement mechanisms are declaratory and advisory only.
Efforts by states to punish verbal flag disparagement or prevent disrespectful flag display (“flag-misuse laws”) have been struck down by the Supreme Court in Street v. New York and Spence v. Washington as free speech violations under the First and Fourteenth Amendments of the U.S. Constitution. Federal and many state laws also specify punishments for physical mistreatment of the U.S. flag (“flag-desecration laws”), although under Texas v. Johnson and United States v. Eichman, the Court held that application of these laws against expressive conduct violates free speech precepts. A separate issue is that federal and some state flag-misuse laws provide punishment for placing advertising images on a U.S. flag or displaying an image of a flag on merchandise.
Until next time, God Bless
Patricia Richards Harris
Doddridge County Historical Society