Title 4: Flag and Seal, Seat of Government, and the States
Section 1: Flag; stripes and stars on
The flag of the United States of America 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.
Section 2: Same; additional stars
On the admission of a new State into the Union one star shall be added to the flag; and such addition shall take effect on the fourth day of July next succeeding such admission.
[Executive Order 10834, of August 21, 1959, increases the number of stars to fifty in recognition of the admission of Hawaii into the Union; establishes the positions of the stars in the union of the flag and in the union jack according to a drawing which is part of the order; specifies dimensions of flags which are authorized for the use of executive agencies of the federal government; and prescribes that this flag shall become the official flag of the United States of July 4th, 1960.
Executive Order 10834 flag sizes:
hoist (width) x fly (length), in feet
(1) 20.00 x 38.00
(2) 10.00 x 19.00
(3) 8.95 x 17.00
(5) 5.00 x 9.50
(7) 3.50 x 6.65
(9) 3.00 x 5.70
(10) 2.37 x 4.50
(11) 1.32 x 2.50]
Section 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, mark, picture, design, drawing, or other 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 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 any part or parts of either,
by which the average person seeing the same without deliberation may believe the same to represent the flag, standard, colors, or ensign of the United States of America.
Title 18: Crimes and Criminal Procedure
Section 700: Desecration of the flag of the United States; penalties
[old text, effective upon the July 5th, 1968 approval of Public Law 90-381, 82 Stat. 291]
(a) Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
(b) The term "flag of the United States", as used in this section, shall include any flag, standard, colors, ensign, or any picture or representation of either, or 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 any part or parts of either,
by which the average person seeing the same without deliberation may believe the same to represent the flag, standard, colors, or ensign of the United States of America.
(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any state, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have had jurisdiction in the absence of this section.
Section 700: Desecration of the flag of the United States; penalties
[new (1990) text, effective upon the October 28th, 1989 approval of Public Law 101-131, Flag Protection Act of 1989, 103 Stat. 777. However, see note below on constitutionality.]
(a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
(a)(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it becomes soiled or worn.
(b) As used in this section, the term 'flag of the United States' means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.
(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any state, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have had jurisdiction in the absence of this section.
(d)(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgement, decree, or order issued by a United States district court ruling on the constitutionality of subsection (a).
(d)(2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.
[Note: On June 11th, 1990, the Supreme Court of the United States affirmed, in consolidated appeals 89-1433 and 89-1434, that burning a United States flag in violation of Title 18, Section 700 is inconsistent with the First Amendment to the Constitution, and that said section cannot constitutionally be applied.
This finding has the effect of nullifying Section 700 until such time (if any) as the Congress of the United States acts to resolve First Amendment issues: Section 700 remains 'on the books', but is no longer relevant in our Federal legal system.
Title 36, Section 176 (q.v.), "Respect for flag", remains unaffected by this case. That section speaks of acts which should be taken or avoided; matters of propriety rather than obligation.]
Title 36: Patriotic Societies and Observances
[That which follows are sections of 36 USC which are not DIRECTLY related to what is referred to as the (Federal) Flag Code. They do, however have a bearing on ceremonies which involve the flag.]
Section 170: National Anthem; Star-Spangled Banner
The composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America.
Section 171: Conduct during playing
During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand to attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at their left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner as they would if the flag were displayed there.
Section 172: Pledge of allegiance to 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 their 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.
Section 186: National motto
The national motto of the United States is declared to be "In God we trust."
Section 188: National march
The composition by John Philip Sousa entitled "The Stars and Stripes Forever" is here designated as the national march of the United States of America.
