Description
The United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. It is Chapter 1 of Title 4 of the United States Code (4 U.S.C. § 5 et seq ). Although this is a U.S. federal law, the code is not mandatory: it uses non-binding language like "should" and "custom" throughout and does not prescribe any penalties for failure to follow the guidelines. It was "not intended to proscribe conduct" and was written to "codify various existing rules and customs."
Separately, Congress passed the Flag Protection Act of 1968 (amended in 1989) (18 U.S.C. § 700), a since struck-down criminal statute, which prohibits mutilating, defacing, defiling or burning the flag. Although it remains part of codified federal law, it is not enforceable due to the Supreme Court of the United States finding it unconstitutional in United States v. Eichman.
Additionally, the public law which includes the Flag Code (Pub. L. 105–225, largely codified in Title 36 of the U.S. Code), addresses conduct when the U.S. National Anthem is being played while the flag is present. That law suggests civilians in attendance should face the flag "at attention" (standing upright) with their hand over their heart.
