On this page
- First, the thing nobody tells you: it is a code, not a criminal law
- When to fly it
- Which way the flag goes
- Flying more than one flag
- Half-staff, in brief
- Respect: section 8, in plain language
- What to do when the flag passes
- Four flag etiquette myths worth dropping
- Common questions
- Related reading
- Sources
Most flag etiquette advice online is somebody’s memory of something they were told. The actual rules are short, public, and free to read. They live in Title 4 of the United States Code, Chapter 1, and they have been there since Congress codified them in 1942.
Here is what the Flag Code actually says, what it does not say, and where the popular version has drifted.
First, the thing nobody tells you: it is a code, not a criminal law
The Flag Code sets out how the flag should be treated. For private citizens it carries no penalty. The Congressional Research Service puts it plainly in its report on flag law: the provisions without enforcement mechanisms are advisory. The American Legion says the same thing in its own FAQ.
That is not a loophole and it is not permission to be careless. It means the Flag Code works the way a code of manners works. People follow it because it is right, not because someone will fine them.
What does carry legal weight
Two separate things. 4 U.S.C. § 3 restricts certain commercial uses of the flag in the District of Columbia. And the Supreme Court held in Texas v. Johnson (1989) that flag desecration as political protest is protected speech.
We mention this because customers occasionally ask us to settle an argument about whether a neighbor is breaking the law. Almost always, the honest answer is that they are not, and the conversation is really about courtesy.
Everything below is flag etiquette in that spirit: what the Code asks, in plain language, with the statute cited so you can check us.
When to fly it
Sunrise to sunset
The default for buildings and stationary flagpoles. That is section 6.
Around the clock, if you light it
The exception is written into the same section: the flag may be displayed twenty-four hours a day if it is properly illuminated during darkness. Illumination is the condition, not a nicety. A flag left up in the dark with no light on it is the actual breach, not the flag that stays up all night under a spotlight.
If you want to fly around the clock, a solar flagpole light is the usual solution for a residential or small commercial pole.
Weather
Section 6 says the flag should not be displayed in inclement weather, except when an all-weather flag is displayed. “All-weather flag” is the statute’s own language, and in practice it means a synthetic flag built for it. That is one of the reasons material choice matters, which we cover in our flag material guide.
The days the Code names
Section 6 lists them: New Year’s Day, Inauguration Day, Martin Luther King Jr.’s birthday, Lincoln’s Birthday, Washington’s Birthday, National Vietnam War Veterans Day, Easter Sunday, Mother’s Day, Armed Forces Day, Memorial Day (half-staff until noon), Flag Day, Father’s Day, Independence Day, National Korean War Veterans Armistice Day, Labor Day, Constitution Day, Columbus Day, Navy Day, Veterans Day, Thanksgiving, Christmas, the birthdays of states, state holidays, and any other day the President proclaims.
It should also fly daily at public institutions, at polling places on election days, and at schoolhouses during school days.
None of this is enforced by anyone. It is flag etiquette, not regulation, and the buildings that get it right do it because it reads as respect.
Which way the flag goes
The position of honor
The rule underneath almost every display question is this: the position of honor is the flag’s own right. Because the flag faces you, the flag’s own right is your left as you look at it. Once you have that, most of section 7 follows.
Flat against a wall or in a window
Horizontally or vertically, the union goes uppermost and to the observer’s left.
In a line, or on the march
The US flag is on the marching right, or in front of the center of the line.
On crossed staffs against a wall
The US flag goes to its own right, which puts it on the observer’s left, and its staff crosses in front of the other flag’s staff.
Over a street
The union goes north on an east-west street, and east on a north-south street.
Never on a vehicle
The flag is never draped over the hood, top, sides, or back of anything that moves.
Flying more than one flag
This is where good intentions produce the most mistakes, especially at businesses, schools, and municipal buildings that fly three or four flags at once.
On the same halyard
With state, city, or organizational flags: the US flag is always at the peak. Raised first, lowered last.
On separate poles of the same height
With other US-domestic flags: the US flag goes to its own right, and is raised first and lowered last.
With flags of other nations
Separate staffs, equal height, flags of approximately equal size. International usage forbids flying one nation’s flag above another’s in peacetime. The US flag does not go higher, and it does not go bigger. This surprises people, and it is the most common error we see at organizations that host international visitors.
The full rules on precedence, including the order of the military service flags, are in our post on flying more than one flag correctly.
If you keep one flag etiquette rule from this section, keep the equal-height rule for other nations. It is the one that gets photographed.
Half-staff, in brief
Two mechanical steps that almost everyone skips:
- Going up: hoist the flag briskly to the peak for an instant, then lower it to the half-staff position.
- Coming down: raise it back to the peak before lowering it for the day.
Half-staff itself means the flag sits halfway between the top and bottom of the staff. On Memorial Day it flies at half-staff until noon, then goes to the top for the rest of the day. Peace Officers Memorial Day, May 15, is the other date written directly into the statute.
Who can order it, how long it lasts, and how to know when it applies are covered in our half-staff guide.
Half-staff is the piece of flag etiquette an organization performs in public, on short notice, so it is worth a dry run.
Respect: section 8, in plain language
Section 8 is the list people half-remember. Here is the real content.
- The flag is never displayed union down, except as a signal of dire distress.
- It should not touch the ground, floor, water, or anything beneath it.
- It should not be used as apparel, bedding, or drapery, and no part of it should be used as a costume or athletic uniform. A patch on a uniform or a service member’s sleeve is expressly fine.
- It should not be used for advertising, or embroidered on cushions, printed on napkins, or made into anything designed to be discarded.
- It should not be dipped to any person or thing.
- Nothing should be placed on it or attached to it.
- When it is no longer a fitting emblem for display, it should be destroyed in a dignified way, preferably by burning.
That last one deserves care, because “preferably by burning” was written when nearly every flag was cotton. Most flags today are not. We cover what to do instead in repair it or retire it, and we accept flags for dignified disposal at our shop.
What to do when the flag passes
Section 9. During the hoisting, lowering, or passing of the flag, everyone present should face it and stand at attention.
People not in uniform place the right hand over the heart, and remove any headdress with the right hand, holding it at the left shoulder. Service members in uniform render the military salute. Veterans and service members out of uniform may render the military salute as well, a change Congress made in 2008 and 2009 that a lot of people still have not heard about.
Four flag etiquette myths worth dropping
These four come up in our shop weekly. Each one sounds like flag etiquette, and none of them is in the Code.
“A flag that touches the ground has to be burned”
No. Nothing in the Flag Code says this. Brush it off, and clean it if it needs cleaning. Destruction is for a flag that is worn out, not one that had a bad afternoon.
“Gold fringe changes the flag’s legal status”
No. Fringe is a display choice for indoor and ceremonial flags. It carries no legal meaning at all.
“The thirteen folds each have an official meaning”
The triangular fold is standard. The recitation assigning a meaning to each fold is a tradition of unknown origin, and the Department of Veterans Affairs has said directly that no particular script is required or endorsed. Use it if it means something to your family or your post. Just do not call it official doctrine.
“A casket flag can never be flown again”
The American Legion addresses this one specifically. A burial flag may be displayed afterward for any proper purpose. It is usually cotton, so it is not built for outdoor weather, but nothing retires it.
Common questions
Related reading
- Anatomy of a flag: every part, named
- Order of precedence: flying more than one flag correctly
- Flying a flag at half-staff: who orders it, and how to do it right
- How long a flag lasts, and how to make it last longer
If you are writing display procedures for an agency, a school, or a business and want a second set of eyes, get in touch. We do this every week.
Sources
- 4 U.S.C. Chapter 1, The Flag · Office of the Law Revision Counsel, U.S. House of Representatives · uscode.house.gov
- 4 U.S.C. § 6, Time and occasions for display · Cornell Legal Information Institute · law.cornell.edu
- Frequently Asked Questions About Flag Law (R45945) · Congressional Research Service · congress.gov
- U.S. Flag Myths, FAQs & Terminology · The American Legion · legion.org
- VA Clarifies Policy on Flag-Folding Recitations · U.S. Department of Veterans Affairs · news.va.gov
- Correct Method of Folding the United States Flag · U.S. Department of Veterans Affairs · va.gov
