U.S. Code » Title 4 » Chapter CHAPTER 1— THE FLAG

4 U.S.C. § 8

Respect for flag

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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, except as may be necessary in limited circumstances and done in a respectful manner as part of a military or patriotic observance.(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; amended Pub. L. 118–159, div. A, title XVII, § 1703(a), Dec. 23, 2024, 138 Stat. 2208.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

8

36:176.

June 22, 1942, ch. 435, § 4, 56 Stat. 379; Dec. 22, 1942, ch. 806, § 4, 56 Stat. 1076; July 7, 1976, Pub. L. 94–344, (12)–(16), 90 Stat. 812.

Editorial NotesAmendments

2024—Subsec. (c). Pub. L. 118–159 inserted “, except as may be necessary in limited circumstances and done in a respectful manner as part of a military or patriotic observance” after “aloft and free”.

Statutory Notes and Related SubsidiariesModification of Department of Defense Policy

Pub. L. 118–159, div. A, title XVII, § 1703(b), Dec. 23, 2024, 138 Stat. 2208, provided that: “The Secretary of Defense shall—“(1) rescind the February 10, 2023, Department of Defense memorandum entitled, ‘Clarification of Department of Defense Community Engagement Policy on Showing Proper Respect to the United States Flag’; and“(2) support military recruitment through public outreach events during patriotic and military observances, including the display of the United States flag regardless of size and position, including horizontally, provided that, in accordance with section 8(b) of title 4, United States Code, the flag never touch anything beneath it, such as the ground, the floor, water, or merchandise.”

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2007–2023 · leading case: California v. Texas, 593 U.S. 659 (2021).
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California v. Texas, 593 U.S. 659 (2021). “, 4 U. S. C. §8 (c) (“The flag should never be carried flat or horizontally, but always aloft and free”), or make clear that they convey only the “sense of Congress,” e.”
Robert Rosebrock v. Ronald Mathis, 745 F.3d 963 (9th Cir. 2014). · cites it 4× “Shortly thereafter, on June 26, 2009, Rosebrock received an e-mail from a VAGLA associate director saying that he could “not attach the American flag, 2 Under 4 U.S.C. § 8 , which is intended to guarantee that the American flag is treated with respect, “[t]he flag should never…”
Shurtleff v. City of Boston, 928 F.3d 166 (1st Cir. 2019). “" 4 U.S.C. § 8 (j). When United States Marines reached the top of Mount Suribachi at Iwo Jima, "they raised a piece of pipe upright and from one end fluttered a flag.”
Jeffery Lichtenstein v. Tre Hargett, 83 F.4th 575 (6th Cir. 2023). “Other than by considering the context, how else can one tell whether a flag burner means to disparage the flag or to respect it? When finding flag burning expressive, then, the Court in Johnson acknowledged that it occurred during “a political demonstration” against President…”
Roe v. Milligan, 479 F. Supp. 2d 995 (S.D. Iowa 2007). “See 4 U.S.C. § 8 (a) (2007). 3 . Roe is member of a band named "Corruption of Blood,” and the flag at issue is used as a backdrop in band performances.”
Rosebrock v. BEITER, 788 F. Supp. 2d 1127 (C.D. Cal. 2011). “” 4 U.S.C. § 8 (a); see also The Laura, 81 U.”
United States v. Marcio Santos-Portillo, 997 F.3d 159 (4th Cir. 2021). “For example, 4 U.S.C. § 8 provides that “[n]o disrespect should be shown to the flag of the United States,” and that the flag “should not be dipped to any person or thing.”
California v. Texas (2021). “, 4 U. S. C. §8 (c) (“The flag should never be carried flat or horizontally, but always aloft and free”), or make clear that they convey only the “sense of Congress,” e.”
NYC Image Int'l, Inc. v. RS USA, Inc. (S.D.N.Y. 2020). “, 4 U.S.C. § 8 (k) (disallowing display of flags “in such a condition that it is no longer a fitting emblem for display”); Exec.”
State v. Terence Johnson (Tex. App. 2013). “See 4 U.S.C.A. § 8 (a) (West, Westlaw current through P.”
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