Here is the United States Federal Law on our national
flag: (Source: https://www.law.cornell.edu/uscode/text/4/chapter-1)
CONTENTS
4 U.S. Code § 1 - Flag; stripes and stars on
4 U.S. Code § 2 - Same; additional stars
4 U.S. Code § 3 - Use of flag for advertising purposes; mutilation of flag
4 U.S. Code § 4 - Pledge of allegiance to the flag; manner of delivery
4 U.S. Code § 5 - Display and use of flag by civilians; codification of rules and customs; definition
4 U.S. Code § 6 - Time and occasions for display
4 U.S. Code § 7 - Position and manner of display
4 U.S. Code § 8 - Respect for flag
4 U.S. Code § 9 - Conduct during hoisting, lowering or passing of flag
4 U.S. Code§ 10 – Modification of rules and customs by President
* * *
Correspondence
4 U.S. Code § 1 - Flag; stripes and stars on
The flag of the United States shall be thirteen horizontal
stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field.
(July 30, 1947, ch. 389, 61 Stat. 642.)
(back to CONTENTS)
4 U.S. Code § 2 - Same; additional stars
On the admission of a new State into the Union one star shall
be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such
admission.
(July 30, 1947, ch. 389, 61 Stat. 642.)
(back to CONTENTS)
4 U.S. Code §
3 - Use of flag for advertising purposes; mutilation of flag
Any person who,
within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure,
mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United
States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which
shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word,
figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall
manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or
for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article
or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed
a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish
the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding
$100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words “flag, standard,
colors, or ensign”, as used herein, shall include any flag, standard, colors, ensign, or any picture or representation
of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently
purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation
of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part
or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the
flag, colors, standard, or ensign of the United States of America.
(July 30, 1947, ch. 389, 61
Stat. 642; Pub. L. 90–381, § 3, July 5, 1968, 82 Stat. 291.)
(back to CONTENTS)
4 U.S. Code § 4 - Pledge of allegiance to the flag; manner of delivery
The Pledge of
Allegiance to the Flag: “I pledge allegiance to the Flag of the United States of America, and to the Republic for which
it stands, one Nation under God, indivisible, with liberty and justice for all.”, should be rendered by standing at
attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress
with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent,
face the flag, and render the military salute. Members of the Armed Forces not in uniform and veterans may render the military
salute in the manner provided for persons in uniform.
(Added Pub. L. 105–225, § 2(a),
Aug. 12, 1998, 112 Stat. 1494; amended Pub. L. 107–293, § 2(a), Nov. 13, 2002, 116 Stat. 2060; Pub. L. 113–66,
div. A, title V, § 586, Dec. 26, 2013, 127 Stat. 777.)
(back to CONTENTS)
4 U.S. Code §
5 - Display and use of flag by civilians; codification of rules and customs; definition
The following codification of existing rules and customs pertaining to the display and use of the flag of
the United States of America is established for the use of such civilians or civilian groups or organizations as may not be
required to conform with regulations promulgated by one or more executive departments of the Government of the United States.
The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of this title
and Executive Order 10834 issued pursuant thereto.
(Added Pub. L. 105–225, § 2(a), Aug. 12,
1998, 112 Stat. 1494.)
(back to CONTENTS)
4 U.S. Code §
6 - Time and occasions for display
(a)
It is the universal custom to display the flag only from sunrise to sunset on buildings
and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours
a day if properly illuminated during the hours of darkness.
(b)
The flag should be hoisted briskly and lowered ceremoniously.
(c)
The flag should not be displayed on days when the weather
is inclement, except when an all weather flag is displayed.
(d)
The flag should be displayed on all days, especially on New Year’s Day, January
1; Inauguration Day, January 20; Martin Luther King Jr.’s birthday, third Monday in January; Lincoln’s Birthday,
February 12; Washington’s Birthday, third Monday in February; Easter Sunday (variable); Mother’s Day, second Sunday
in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June
14; Father’s Day, third Sunday in June; Independence Day, July 4; National Korean War Veterans Armistice Day, July 27;
Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October
27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days
as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays.
(e)
The flag should be displayed
daily on or near the main administration building of every public institution.
(f)
The flag should be displayed in or near every polling place on election days.
(g)
The flag should be displayed
during school days in or near every schoolhouse.
(Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1494;
amended Pub. L. 106–80, § 1, Oct. 25, 1999, 113 Stat. 1285; Pub. L. 110–239, § 1, June 3,
2008, 122 Stat. 1559; Pub. L. 111–41, § 2, July 27, 2009, 123 Stat. 1962.)
(back to CONTENTS)
4 U.S. Code § 7 - Position and manner of display
The flag, when
carried in a procession with another flag or flags, should be either on the marching right; that is, the flag’s own
right, or, if there is a line of other flags, in front of the center of that line.
(a)
The flag should not be displayed on a float in a parade except from a staff,
or as provided in subsection (i) of this section.
(b)
The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a
boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.
(c)
No other flag or pennant should
be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services
conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel
of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above,
or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the
United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful
the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior
prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United
States at the headquarters of the United Nations.
(d)
The flag of the United States of America, when it is displayed with another flag against a wall from crossed
staffs, should be on the right, the flag’s own right, and its staff should be in front of the staff of the other flag.
(e)
The flag of the United States
of America should be at the center and at the highest point of the group when a number of flags of States or localities or
pennants of societies are grouped and displayed from staffs.
(f)
When flags of States, cities, or localities, or pennants of societies are flown on
the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from
adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed
above the flag of the United States or to the United States flag’s right.
(g)
When flags of two or more nations are displayed, they are to be flown from separate
staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the
flag of one nation above that of another nation in time of peace.
(h)
When the flag of the United States is displayed from a staff projecting horizontally
or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of
the staff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extending from a house
to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.
(i)
When displayed either horizontally or vertically against a
wall, the union should be uppermost and to the flag’s own right, that is, to the observer’s left. When displayed
in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the
street.
(j)
When the flag is displayed
over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or
to the east in a north and south street.
(k)
When used on a speaker’s platform, the flag, if displayed flat, should be displayed above and behind
the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should
hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman’s
or speaker’s right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman
or speaker or to the right of the audience.
(l)
The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should
never be used as the covering for the statue or monument.
(m) The flag,
when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position.
The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed
at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at
half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or
possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the
flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs
or practices not inconsistent with law. In the event of the death of a present or former official of the government of any
State, territory, or possession of the United States or the death of a member of the Armed Forces from any State, territory,
or possession who dies while serving on active duty, the Governor of that State, territory, or possession may proclaim that
the National flag shall be flown at half-staff, and the same authority is provided to the Mayor of the District of Columbia
with respect to present or former officials of the District of Columbia and members of the Armed Forces from the District
of Columbia. When the Governor of a State, territory, or possession, or the Mayor of the District of Columbia, issues a proclamation
under the preceding sentence that the National flag be flown at half-staff in that State, territory, or possession or in the
District of Columbia because of the death of a member of the Armed Forces, the National flag flown at any Federal installation
or facility in the area covered by that proclamation shall be flown at half-staff consistent with that proclamation. The flag
shall be flown at half-staff 30 days from the death of the President or a former President; 10 days from the day of death
of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives;
from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military
department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the
following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that
day is also Armed Forces Day. As used in this subsection—
(1)
the term “half-staff” means the position of the flag when it is
one-half the distance between the top and bottom of the staff;
(2)
the term “executive or military department” means any agency listed
under sections 101 and 102 of title 5, United States Code; and
(3)
the term “Member of Congress” means a Senator, a Representative,
a Delegate, or the Resident Commissioner from Puerto Rico.
(n)
When the flag is used to cover a casket, it should be so placed that the union is
at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.
(o)
When the flag is suspended
across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of
the flag to the observer’s left upon entering. If the building has more than one main entrance, the flag should be suspended
vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or
to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should
be to the east.
(Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1495; amended Pub. L. 110–41,
§ 3, June 29, 2007, 121 Stat. 233.)
(back to CONTENTS)
4 U.S. Code §
8 - Respect for flag
No disrespect should be shown
to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State
flags, and organization or institutional flags are to be dipped as a mark of honor.
(a)
The flag should never be displayed with the union down, except
as a signal of dire distress in instances of extreme danger to life or property.
(b)
The flag should never touch anything beneath it, such as the ground, the floor,
water, or merchandise.
(c)
The
flag should never be carried flat or horizontally, but always aloft and free.
(d)
The flag should never be used as wearing apparel, bedding, or drapery. It should
never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always
arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk,
draping the front of the platform, and for decoration in general.
(e)
The flag should never be fastened, displayed, used, or stored in such a manner
as to permit it to be easily torn, soiled, or damaged in any way.
(f)
The flag should never be used as a covering for a ceiling.
(g)
The flag should never have placed upon it, nor on any part
of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
(h)
The flag should never be used
as a receptacle for receiving, holding, carrying, or delivering anything.
(i)
The flag should never be used for advertising purposes in any manner whatsoever.
It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on
paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened
to a staff or halyard from which the flag is flown.
(j)
No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed
to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living
country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left
lapel near the heart.
(k)
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.
(Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1497.)
(back to CONTENTS)
4 U.S. Code §
9 - Conduct during hoisting, lowering or passing of flag
During the ceremony
of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present in uniform should
render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military
salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if
applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart.
Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should
be rendered at the moment the flag passes.
(Added Pub. L. 105–225, § 2(a), Aug. 12,
1998, 112 Stat. 1498; Pub. L. 110–181, div. A, title V, § 594, Jan. 28, 2008, 122 Stat. 138.)
(back to CONTENTS)
4 U.S. Code §
10 - Modification of rules and customs by President
Any rule or custom pertaining to the display of the flag of
the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto
may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate
or desirable; and any such alteration or additional rule shall be set forth in a proclamation.
(Added
Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1498.)
(back to CONTENTS)
* * *
Correspondence
Donald Trump
725
Fifth Avenue
New York, NY 10022
info@donaldtrump.com
Reince Priebus
Chairman, Republican National Committee
310 First Street SE
Washington, DC 20003
email@gop.com
Lisa M. Gillmor
Mayor of the
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
lgillmor@santaclaraca.gov
Sam Liccardo
Mayor of San José
200 East Santa Clara
Street
San José, CA 95113
mayoremail@sanjoseca.gov
28 August 2016
Dear Mr. Trump, Mr. Priebus,
Mayor Gillmor & Mayor Liccardo,
In anticipation of Mr. Trump’s next visit to the San Francisco Bay Area, I would like to recall an old resolution
that I made to myself weeks ago on his visit to San José, when Trump supporters were wildly accosted and sometimes
criminally assaulted with impunity at the Convention Center where he spoke.
Mexican flags carried by some of the anti-Trump protesters keenly reminded me of
some troubling facts about how we Americans regard our own national flag. 4 United States Code, Chapter
1 – the Flag, is the law governing the use and display of Old Glory; yet there is a chronic and nationwide deficiency
in terms of knowledge and application of these laws.
Two examples are the city halls of Santa Clara and San José, where the national flag of the USA is not properly
displayed. (According to the law, the flag should be set higher than other flags on display.)
I actually pointed out this fact in a letter published in the San José Mercury News on 9 May 2015 (please
see copy below), but was dismayed to see no follow-up by the parties concerned. How could this possibly
be?
To conclude, I believe
proper, lawful use and display of our national flag should become a national project that hopefully will help unify our nation.
This should become a campaign issue, and I invite Mr. Trump to visit Santa Clara and San José and call for corrective
action nationwide as a point of civic duty and national pride.
Very truly yours,
Stephen M. St. John
Post Office Box 720274
San José, CA 95172
stephen@show-the-house.com
408 934 4965
*
* * * * * *
To the Letters Editor:
I applaud Ed Jacklitch’s care for the proper
display of our national flag (Morgan Hill leaders ignore flag etiquette, Readers’ letters, 5 May 2015), but note that
this is a matter of federal law and not a question of etiquette. 4 U.S. Code Chapter 1 – the Flag
specifies the proper care for and use of our flag. Major violators of this law include the city halls of
San José and Santa Clara. On the other hand, the headquarters of the Santa Clara Police
Department gives a good example of proper display of Old Glory.
Stephen M. St. John
* * * * * * *
To be completed. Come back soon!
(back to CONTENTS)
* * * * * * *
