The US Flag Code: rules for displaying the American flag

The United States Flag Code is the part of federal law that describes how the flag of the United States is displayed and treated. It is found in 4 U.S.C. §§ 4–10 and goes back to a joint resolution of Congress of June 22, 1942, amended later that year and in 1976. In 1998, the rules were moved from title 36 to title 4 of the United States Code, where they sit next to the description of the flag itself in §§ 1–2.

A guide, not a penal law

According to § 5, the Flag Code is a “codification of existing rules and customs” for civilians and civilian groups that are not bound by the regulations of a federal department. The Congressional Research Service (CRS) notes that the Code prescribes no penalties and contains no enforcement provisions, that courts have found it “declaratory and advisory”, and that no federal agency can issue official rulings binding on civilians. Its general rule is in § 8: “No disrespect should be shown to the flag of the United States of America.” According to the CRS, practices that the Code does not mention can be tested against that rule.

Federal agencies and the armed forces follow regulations of their own. Under § 10, the President can alter, modify or add to the rules by proclamation.

What the Flag Code covers

Hours, weather and lighting

• Sunrise to sunset: under § 6(a), it is “the universal custom” to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open.
• At night: when a patriotic effect is desired, the flag may be displayed 24 hours a day if it is properly illuminated during the hours of darkness. More in the guide to flag lighting.
• Raising and lowering: the flag is hoisted briskly and lowered ceremoniously (§ 6(b)).
• Weather: the flag is not displayed on days when the weather is inclement, except when an all-weather flag is displayed (§ 6(c)). According to the CRS, the section does not suggest lowering the flag during brief showers on an otherwise fair day.

Respect for the flag

Section 8 lists what the flag is never used for. Among other things, the flag:

• is not dipped to any person or thing; regimental colors, state flags and organization flags are dipped as a mark of honor
• is not displayed with the union down, except as a signal of dire distress
• does not touch anything beneath it, such as the ground, the floor, water or merchandise
• is not used as wearing apparel, bedding or drapery, and is always allowed to fall free; red, white and blue bunting, with blue at the top, is used for decoration instead
• is not fastened, displayed or stored in a way that lets it be easily torn, soiled or damaged
• has nothing placed on it, such as marks, letters, words or pictures
• is not used for advertising or printed on items designed for temporary use and discard
• is not used as a costume or athletic uniform, although a flag patch may be worn on the uniforms of military personnel, firefighters, police officers and members of patriotic organizations

Since a 2024 amendment, § 8(c) also allows the flag to be carried flat or horizontally in limited circumstances, when done respectfully as part of a military or patriotic observance.

Retiring a worn flag

Under § 8(k), a flag that is “no longer a fitting emblem for display” is destroyed in a dignified way, preferably by burning. According to the CRS, the Code says nothing about the procedure, and any procedure in good taste that shows no disrespect would seem appropriate. According to the Department of Veterans Affairs, veterans service organizations accept flags in any condition and retire those that are unserviceable. Local rules on open burning can apply to a flag burned at home.

Conduct during the flag ceremony

Under § 9, while the flag is raised or lowered, or passes in a parade, persons in uniform render the military salute, and members of the armed forces and veterans not in uniform may do the same. All others face the flag and stand at attention with the right hand over the heart, removing any headdress with the right hand and holding it at the left shoulder. Citizens of other countries stand at attention.

Flag desecration and the courts

A separate federal criminal statute once punished desecration of the flag. In Texas v. Johnson (1989), the Supreme Court held that a state law against flag desecration was unconstitutional as applied to a political protest, and in United States v. Eichman (1990) it held the same of the federal Flag Protection Act of 1989 as applied to burning the flag in a public protest. Executive Order 14341 of August 25, 2025 directs the Attorney General to prioritize prosecuting flag desecration that violates content-neutral laws, such as laws on violent crime, property damage or open burning, and to refer possible violations of state or local law to the states.

Related rules

The days on which the flag is especially displayed are in the guide to flag days, half-staff in the guide to half-staff, and the position of the flag among other flags in the guide to flag etiquette. How far a homeowners’ association can restrict the flag is covered in the guide to flags in HOA communities.