Almost everyone has opinions about the United States Flag. There are many things that are passed on as "law" because someone thinks it should be that way or they were once told it was the law. But the real bottom line is what the Federal Code (Title 4 Flag and Seal, Seat of Government, and the States) says. This and portions of Title 36 are often referred to as the Flag Code. This can be summed up with "No disrespect should be shown to the flag of the United States of America". The Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions. Rather, it functions as a guide to be voluntarily followed by civilians and civilian groups.
One of the areas of flag protocol that has the most misinformation is the retiring of flags. The Federal Code is concise on the matter "The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning." This means it can be simple or elaborate, as long as it is dignified. Think about the audience and what will have the best effect on them.
The Federal Code also says "The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise." Some interpret this to mean that if a flag touches the ground it should be retired. I think this means it should not be placed and left there intentionally. A dirty or worn flag can be cleaned and mended. This is just like you would not throw out grandmothers lace tablecloth because it has gravy spilled on it, has a small tear or is accidently dropped on the floor.
While the Federal Code empowers the President of the United States to alter, modify, repeal or prescribe additional rules regarding the Flag, no federal agency has the authority to issue 'official' rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the Code may continue to be made. The Flag Code may be fairly tested: 'No disrespect should be shown to the Flag of the United States of America.' Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown.
Title 36 designates June 14 as Flag Day and requests the President to issue each year a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings on Flag Day; and urging the people of the United States to observe Flag Day as the anniversary of the adoption on June 14, 1777, by the Continental Congress of the Stars and Stripes as the official flag of the United States.
On Monday, July 24, 2006, the President signed into law: H.R. 42, the "Freedom to Display the American Flag Act of 2005," which prohibits restrictions on displaying the U.S. flag on certain residential property. The flag should still be flown in accordance with the Federal Code, and common sense.
Desecration of the flag of the United States is covered in title 18 and describes penalties for "Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States".
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