Tomorrow the U.S. Flag flies at full staff, with the POW-MIA flag, on the same pole flying directly underneath. Federal and military installations do not fly state flags, which is why the POW-MIA flag flies on the same pole.

The 105th Congress designated by law, with the passage of Section 1082(g) within the 1998 Defense Authorization Act—(linked here, but I have included the entire text at the end of this article), that the POW-MIA flag is to be flown at all Federal and U.S. Military Installations on these six days: Armed Forces Day, Memorial Day, Flag Day, Independence Day, POW-MIA Recognition Day, and Veterans Day. On holidays when the National flag is half-staffed, then the POW-MIA flag is half-staffed also.

The federal installations are:

The Capitol building and the White House, in Washington D.C.

The Korean War and Vietnam Veterans War Memorials,

Every National Cemetery

Any building containing the official offices of the Secretary of State

The offices of the Secretary of Veterans Affairs

The offices of the Director of the Selective Service System

Every Veterans Affairs Medical Center

Every U.S. Post Office (which are not permitted to fly state flags)

All national parks and national monument sites

The information below should be carefully noted because of the specificity.

(2) In addition to the days specified in paragraph (1) of this
    subsection, POW/MIA flag display days include –
        (A) in the case of display at the World War II Memorial, Korean
      War Veterans Memorial, and Vietnam Veterans Memorial (required by
      subsection (d)(3) of this section), any day on which the United
      States flag is displayed;
        (B) in the case of display at medical centers of the Department
      of Veterans Affairs (required by subsection (d)(7) of this
      section), any day on which the flag of the United States is
      displayed; and
        (C) in the case of display at United States Postal Service post
      offices (required by subsection (d)(8) of this section), the last
      business day before a day specified in paragraph (1) that in any
      year is not itself a business day.

Sections (A) and (B) mean that the POW-MIA flag is to always be flown at these locations on any day the U.S. flag is displayed. In practice, this would be very day of the year.

Section (C), which applies to U.S. Post Offices, means that the POW-MIA flag is to be flown the day before the designated holiday, if the day falls on a national holiday when the post office is not open (Memorial Day, Independence Day, and Veterans Day).

How should civilians fly the POW-MIA flag?

Last spring I contacted the office of one of my federal senators representing Texas, Sen. John Cornyn. I requested a finding from the Congressional Research Service, which exists to support members of Congress and their staffs on research inquiries. I received it in July.

I was flummoxed by the fact that the precise instructions for flying the POW-MIA flag only addresses federal and military installations, yet is carefully outlined in Title 36, Section 902 of the United States Code, which is written for civilians.

The Congressional Research Service was unable to find any further instruction regarding civilian flag protocol for the POW-MIA flag. Other VSOs (veterans service organizations) have asked for clarifying legislation, but nothing has changed yet. Civilian protocol is silent on this problem.

Incredibly, protocol for POW-MIA flag, the most highly esteemed flag of all VSOs, is not addressed for civilians in the U.S. Code, which is written for civilians. So it becomes necessary to establish a civilian POW-MIA flag protocol based on existing law.

Allow me to use the state of Texas as an example. All state flags may fly equal to, but never higher than the U.S. flag, if flown on separate poles. The Texas flag code says that only the U.S. flag can fly above the Texas flag, if the two flags are flown on the same pole.  According to the Texas flag code, the POW-MIA flag could never be flown above the Texas state flag. Other states follow the same protocol. The flag code never changes the order of precedence.

The Conclusion for civilians—how to do it

Civilians are not required to fly the POW-MIA flag, but if you want to, this is how to do it, after you sort out the flag code and flag precedence.

On the six designated holidays, when the U.S. Code calls for the POW-MIA flag to be flown underneath and next to the U.S. flag, and if there is only one flagpole in use, do not fly the state flag.

On the six designated holidays, if there are two poles in use, the POW-MIA flag flies underneath and next to the U.S. flag, and the state flag flies on the next pole. On non-holidays, the POW-MIA flag can still be flown underneath and next to the U.S. flag, because it is not higher than a state flag.

If there are three poles in use, and it is NOT one of the six designated POW-MIA flag flying days, then the POW-MIA flag would fly third in order of precedence, or on the third pole. It could still be flown underneath and next to the U.S. flag (which is the preferred position), and the third pole could be used for a city or corporate flag. The point is, the POW-MIA flag is never flown above a state flag, but may be flown equal to the U.S. flag, a state flag, and so on. If the location provides for many flagpoles and flags, then subsequent flags (after U.S. and state) are flown in order of congressional authorization (or incorporation), which is chronological.

I have come to this conclusion after detailed research and careful consultation with federal and military experts. It is a reasoned and thoughtful conclusion that adheres to the protocol and etiquette of all flags concerned, and in the absence of further legislation, I stand by it.

_______________________________________________________________________________________________________

CITE-
    36 USC CHAPTER 9 - MISCELLANEOUS                            01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part A - Observances and Ceremonies
    CHAPTER 9 - MISCELLANEOUS

-HEAD-
                         CHAPTER 9 - MISCELLANEOUS                     

-MISC1-
    Sec.
    901.        Service flag and service lapel button.
    902.        National League of Families POW/MIA flag.
    903.        Designation of Medal of Honor Flag.                   

                                AMENDMENTS
      2002 - Pub. L. 107-248, title VIII, Sec. 8143(b)(2), Oct. 23,
    2002, 116 Stat. 1570, added item 903.

-End-

-CITE-
    36 USC Sec. 901                                             01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part A - Observances and Ceremonies
    CHAPTER 9 - MISCELLANEOUS

-HEAD-
    Sec. 901. Service flag and service lapel button

-STATUTE-
      (a) Individuals Entitled To Display Service Flag. - A service
    flag approved by the Secretary of Defense may be displayed in a
    window of the place of residence of individuals who are members of
    the immediate family of an individual serving in the Armed Forces
    of the United States during any period of war or hostilities in
    which the Armed Forces of the United States are engaged.
      (b) Individuals Entitled To Display Service Lapel Button. - A
    service lapel button approved by the Secretary may be worn by
    members of the immediate family of an individual serving in the
    Armed Forces of the United States during any period of war or
    hostilities in which the Armed Forces of the United States are
    engaged.
      (c) License To Manufacture and Sell Service Flags and Service
    Lapel Buttons. - Any person may apply to the Secretary for a
    license to manufacture and sell the approved service flag, or the
    approved service lapel button, or both. Any person that
    manufactures a service flag or service lapel button without having
    first obtained a license, or otherwise violates this section is
    liable to the United States Government for a civil penalty of not
    more than $1,000.
      (d) Regulations. - The Secretary may prescribe regulations
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1267.)

-MISC1-

                       HISTORICAL AND REVISION NOTES
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large)
      Section
    --------------------------------------------------------------------
    901(a)         36:179.                 Oct. 17, 1942, ch. 615, 56
                                            Stat. 796; May 27, 1953, ch.
                                            70, 67 Stat. 35.
    901(b)         36:180.
    901(c)         36:181.
    901(d)         36:182.
    --------------------------------------------------------------------

      In subsection (c), the text of 36:181 (1st sentence) is omitted
    as executed. The word "Thereafter" is omitted as obsolete. The
    words "is liable to the United States Government for a civil
    penalty of" are substituted for "shall, upon conviction thereof, be
    fined" for consistency in the revised title and with other titles
    of the United States Code.

-End-

-CITE-
    36 USC Sec. 902                                             01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part A - Observances and Ceremonies
    CHAPTER 9 - MISCELLANEOUS

-HEAD-
    Sec. 902. National League of Families POW/MIA flag

-STATUTE-
      (a) Designation. - The National League of Families POW/MIA flag
    is designated as the symbol of our Nation's concern and commitment
    to resolving as fully as possible the fates of Americans still
    prisoner, missing, and unaccounted for in Southeast Asia, thus
    ending the uncertainty for their families and the Nation.
      (b) Required Display. - The POW/MIA flag shall be displayed at
    the locations specified in subsection (d) of this section on
    POW/MIA flag display days. The display serves -
        (1) as the symbol of the Nation's concern and commitment to
      achieving the fullest possible accounting of Americans who,
      having been prisoners of war or missing in action, still remain
      unaccounted for; and
        (2) as the symbol of the Nation's commitment to achieving the
      fullest possible accounting for Americans who in the future may
      become prisoners of war, missing in action, or otherwise
      unaccounted for as a result of hostile action.

      (c) Days for Flag Display. - (1) For purposes of this section,
    POW/MIA flag display days are the following:
        (A) Armed Forces Day, the third Saturday in May.
        (B) Memorial Day, the last Monday in May.
        (C) Flag Day, June 14.
        (D) Independence Day, July 4.
        (E) National POW/MIA Recognition Day.
        (F) Veterans Day, November 11.

      (2) In addition to the days specified in paragraph (1) of this
    subsection, POW/MIA flag display days include -
        (A) in the case of display at the World War II Memorial, Korean
      War Veterans Memorial, and Vietnam Veterans Memorial (required by
      subsection (d)(3) of this section), any day on which the United
      States flag is displayed;
        (B) in the case of display at medical centers of the Department
      of Veterans Affairs (required by subsection (d)(7) of this
      section), any day on which the flag of the United States is
      displayed; and
        (C) in the case of display at United States Postal Service post
      offices (required by subsection (d)(8) of this section), the last
      business day before a day specified in paragraph (1) that in any
      year is not itself a business day.

      (d) Locations for Flag Display. - The locations for the display
    of the POW/MIA flag under subsection (b) of this section are the
    following:
        (1) The Capitol.
        (2) The White House.
        (3) The World War II Memorial, the Korean War Veterans
      Memorial, and the Vietnam Veterans Memorial.
        (4) Each national cemetery.
        (5) The buildings containing the official office of -
          (A) the Secretary of State;
          (B) the Secretary of Defense;
          (C) the Secretary of Veterans Affairs; and
          (D) the Director of the Selective Service System.

        (6) Each major military installation, as designated by the
      Secretary of Defense.
        (7) Each medical center of the Department of Veterans Affairs.
        (8) Each United States Postal Service post office.

      (e) Coordination With Other Display Requirement. - Display of the
    POW/MIA flag at the Capitol pursuant to subsection (d)(1) of this
    section is in addition to the display of that flag in the Rotunda
    of the Capitol pursuant to Senate Concurrent Resolution 5 of the
    101st Congress, agreed to on February 22, 1989 (103 Stat. 2533).
      (f) Display To Be in a Manner Visible to the Public. - Display of
    the POW/MIA flag pursuant to this section shall be in a manner
    designed to ensure visibility to the public.
      (g) Limitation. - This section may not be construed or applied so
    as to require any employee to report to work solely for the purpose
    of providing for the display of the POW/MIA flag.

-SOURCE-
    (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1268; Pub. L. 105-354,
    Sec. 1(1), Nov. 3, 1998, 112 Stat. 3238; Pub. L. 107-323, Sec.
    2(a), (b), Dec. 4, 2002, 116 Stat. 2787.)

-MISC1-

                       HISTORICAL AND REVISION NOTES
                              PUB. L. 105-225
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large)
      Section
    --------------------------------------------------------------------
    902(a)         36:189.                 Aug. 10, 1990, Pub. L.
                                            101-355, Sec. 2, 104 Stat.
                                            416.
    902(b)         36:189 note.            Dec. 5, 1991, Pub. L.
                                            102-190, title X, Sec.
                                            1084(a)-(c), (e), 105 Stat.
                                            1482, 1483.
    902(c)         36:189 note.            Dec. 5, 1991, Pub. L.
                                            102-190, title X, Sec.
                                            1084(d), 105 Stat. 1483.
    --------------------------------------------------------------------

      In subsection (b), the text of section 1084(c) of the National
    Defense Authorization Act for Fiscal Years 1992 and 1993 (Public
    Law 102-190, 105 Stat. 1483) is omitted as executed.

                              PUB. L. 105-354
      This amends section 902 of title 36 to reflect changes made by
    section 1082 of the National Defense Authorization Act for Fiscal
    Year 1998 (Public Law 105-85, Nov. 18, 1997, 111 Stat. 1917, 36
    App. U.S.C. 189a).
      Section 1082(g) of that Act, which defined "POW/MIA flag" as used
    in section 1082 by reference to section 2 of Public Law 101-355, is
    unnecessary because the two provisions are restated together in
    section 902 of title 36.
      Section 1082(h), which required that regulations be prescribed no
    later than 180 days after enactment of Public law 105-85, is
    repealed as executed.
      Section 1082(i), which required that the Administrator of GSA
    procure and distribute POW/MIA flags no later than 30 days after
    enactment of Public Law 105-85, is repealed as executed.
      Section 1082(j), which repealed section 1084 of Public Law 102-
    190 (previously restated as subsections (b) and (c) of section 902
    of title 36), is repealed as executed.

                                AMENDMENTS
      2002 - Subsec. (c)(2). Pub. L. 107-323, Sec. 2(b), added subpar.
    (A) and redesignated former subpars. (A) and (B) as (B) and (C),
    respectively.
      Subsec. (d)(3). Pub. L. 107-323, Sec. 2(a), substituted "The
    World War II Memorial, the Korean War Veterans Memorial, and the
    Vietnam Veterans Memorial" for "The Korean War Veterans Memorial
    and the Vietnam Veterans Memorial".
      1998 - Subsecs. (b) to (g). Pub. L. 105-354 added subsecs. (b) to
    (g) and struck out former subsecs. (b) and (c) which read as
    follows:
      "(b) Display. - The flag shall be displayed -
        "(1) at each national cemetery and at the National Vietnam
      Veterans Memorial each year on Memorial Day and Veterans Day and
      on any day designated by law as National POW/MIA Recognition Day;
      and
        "(2) on, or on the grounds of, the buildings containing the
      primary offices of the Secretaries of State, Defense, and
      Veterans Affairs, and the Director of the Selective Service
      System on any day designated by law as National POW/MIA
      Recognition Day.
      "(c) Termination of Flag Display Requirement. - Subsection (b) of
    this section ceases to apply when the President decides that the
    fullest possible accounting has been made of all members of the
    Armed Forces and civilian employees of the United States Government
    who have been identified as prisoners of war or missing in action
    in Southeast Asia."

                       DISPLAY ON EXISTING FLAGPOLE
      Pub. L. 107-323, Sec. 2(c), Dec. 4, 2002, 116 Stat. 2788,
    provided that: "No element of the United States Government may
    construe the amendments made by this section [amending this
    section] as requiring the acquisition of [sic] erection of a new or

    additional flagpole for purposes of the display of the POW/MIA
    flag."

-End-

-CITE-
    36 USC Sec. 903                                             01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part A - Observances and Ceremonies
    CHAPTER 9 - MISCELLANEOUS

-HEAD-
    Sec. 903. Designation of Medal of Honor Flag

-STATUTE-
      (a) Designation. - The Secretary of Defense shall design and
    designate a flag as the Medal of Honor Flag. In selecting the
    design for the flag, the Secretary shall consider designs submitted
    by the general public.
      (b) Presentation. - The Medal of Honor Flag shall be presented as
    specified in sections 3755, 6257, and 8755 of title 10 and section
    505 of title 14.

-SOURCE-
    (Added Pub. L. 107-248, title VIII, Sec. 8143(b)(1), Oct. 23, 2002,
    116 Stat. 1570.)

-MISC1-
                                 FINDINGS
      Pub. L. 107-248, title VIII, Sec. 8143(a), Oct. 23, 2002, 116
    Stat. 1570, provided that: "Congress finds that -
        "(1) the Medal of Honor is the highest award for valor in
      action against an enemy force which can be bestowed upon an
      individual serving in the Armed Forces of the United States;
        "(2) the Medal of Honor was established by Congress during the
      Civil War to recognize soldiers who had distinguished themselves
      by gallantry in action;
        "(3) the Medal of Honor was conceived by Senator James Grimes
      of the State of Iowa in 1861; and
        "(4) the Medal of Honor is the Nation's highest military honor,
      awarded for acts of personal bravery or self-sacrifice above and
      beyond the call of duty."

                    PRESENTATION OF MEDAL OF HONOR FLAG
      Pub. L. 107-248, title VIII, Sec. 8143(d), Oct. 23, 2002, 116
    Stat. 1571, provided that: "The President shall provide for the
    presentation of the Medal of Honor Flag designated under section
    903 of title 36, United States Code, as added by subsection (b), to
    each person awarded the Medal of Honor before the date of enactment
    of this Act [Oct. 23, 2002] who is living as of that date. Such
    presentation shall be made as expeditiously as possible after the
    date of the designation of the Medal of Honor Flag by the Secretary
    of Defense under such section."

-End-

-CITE-
    36 USC Part B - United States Government Organizations
                     Involved With Observances and
                     Ceremonies                            01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part B - United States Government Organizations Involved With
              Observances and Ceremonies              

-HEAD-
       PART B - UNITED STATES GOVERNMENT ORGANIZATIONS INVOLVED WITH
                        OBSERVANCES AND CEREMONIES

-End-

A recurring question, a two–part question, is which comes first: the Pledge of Allegiance or the National Anthem. The U.S. Code, which is written for civilians, is silent on this. As a school girl, my classmates and I said the Pledge of Allegiance every morning: facing the U.S. flag, standing beside our desks, hands over hearts. This was in Texas, and there was a U.S. flag and a Texas flag in every classroom. (Some sets were small, some were large, and some were silky with gold fringe—but the flags were ubiquitous.)

We sang the Star-Spangled Banner when all the classes were assembled in the auditorium, gymnasium, et cetera. Sometimes we said the Pledge at the same time, but generally we did not, because we’d previously said the Pledge in our classrooms. That was a protocol decided by the school administration.

Which comes first?

Yesterday I spoke with a woman who was planning a large meeting. There was not going to be a color guard—the flags would be in place when the meeting started. She wanted to know which came first? The Pledge or the National Anthem, because a soloist was going to sing the Anthem. I suggested to her, based on previous experience and simplicity, to say the Pledge first. But there is no civilian protocol in the U.S. Code that says it must be done this way.

The Chair, to start the meeting, could ask for all to rise and say the Pledge, and all would sit down. After welcoming remarks and introduction of the soloist, then all could rise again while soloist sang the Anthem.

Would the presence of a color guard have changed the line-up? It seems to me that after the color guard posted the colors, the most natural thing in the world would be to recite the Pledge of Allegiance.

Last night I watched the All-Star game on television. Singer Sheryl Crow sang the National Anthem while accompanying herself with the guitar. I didn’t see the entire opening, but I’m pretty sure the Pledge of Allegiance was not said, because the National Anthem was traditional to the event, and it was sufficient.

Would you all rise …

Another frequent question concerns the color guard and saluting the flag. On this question, the U.S. Code is explicit: all stand, and all salute, in the manner appropriate to your circumstance. In a parade, most of the time everyone is already standing when the color guard passes by, so you salute and hold the salute, until the color guard has passed abreast of your spot. If you are seated in a formal reviewing stand, you stand (probably all simultaneously) then sit again.

What if the parade you are watching has more than one set of colors? Last Christmas Larry and I watched a parade and I lost count of the color guards that passed in review, because I think every "group" that participated in the parade was carrying the U.S. flag.

There was an official color guard to lead off the parade, then there were high school marching bands, riding clubs, Shriners, county mounted posse, other civic clubs (Lions, Rotary), the VFW, et cetera. Well, I saluted (hand on my heart) every time an obvious color guard passed in front of me.

Another question concerned music during the presentation of the colors: Is it appropriate to play music, even patriotic music, during the presentation of the colors? Here are the exact words from the Flag code:

Section 9. Conduct during hoisting, lowering or passing of flag

During the ceremony of hoisting or lowering the flag or when the
flag is passing in a parade or in review, all persons present except
those in uniform should face the flag and stand at attention with the
right hand over the heart. Those present in uniform should render the
military salute. 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. Aliens should stand at attention. The salute to the flag
in a moving column should be rendered at the moment the flag passes.

(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1498.)

It does not address the inclusion of music, but I don’t think one can make an argument from silence and assume that it is ok. The presentation of the colors is a outstanding enough occasion that it does not need further adornment, or "gussied up." Surely we can bear a moment of silence while the flag goes by.

I took two screen captures from the on-line editorial, because I like using gimmicks in order to illustrate my writing. The first image is from the title of the editorial.

Notice how the headline ends in “Trite Flag Pin.” That started it. The next bit of imagery comes from within the text of the article, where the writer calls it “empty symbolism.”

I don’t care if you don’t fly a flag at your house, or at your business. I don’t care if you don’t wear a flag pin over your heart. Honestly, I won’t give it a second thought. But don’t call my flag pin trite or empty symbolism. The US Code is plain about respect for the flag, and that respect extends to flag pins. It says:

TITLE 4–FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES,
CHAPTER 1–THE FLAG; Sec. 8. Respect for flag

(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. (bold text mine-DH)

I have a vintage flag pin; it belonged to my mother. I wear it occasionally, but I’d rather keep it as a memento. I’ve been researching flag pins, because I would like to offer for sale a variety of good, better and best quality flag pins in the flag store. And that’s a search that is taking longer than in should, because thus far I am not finding any middle—better I should say—quality pins.

In the meantime however, I’ve made a decision. I want to be more up-front about my flag pin—I want it to be more visible. I don’t want anyone calling my flag pin “trite” or “empty symbolism.”

Here are four pins that I found. Two are new, and two are “vintage.” One is small, and three are big (one is about three inches long). One is easily affordable, two are more expensive, and one is nearly $2000. See if you can guess which one I won’t be getting any time soon.

Today I discovered The United States Flag: Federal Law Relating to Display and Associated Questions while searching for some particular information about flag protocol. I didn’t find what I was looking for, but I found this, which is a stepping stone to what I need.

It was prepared by the Congressional Research Service for members of Congress. It addresses the flag code and the National Anthem, and combines the relevant portions of Title 4 and Title 36 from the U.S. Code into one detailed and cross-referenced document. It will be a worthy addition to your reference materials.

From the title page:

The United States Flag:
Federal Law Relating to Display and Associated Questions

Summary

This report presents, verbatim, the United States “Flag Code” as found in Title
4 of the United States Code and the section of Title 36 which designates the Star-
Spangled Banner as the national anthem and how to display the flag during its
rendition. The “Flag Code” includes instruction and rules on such topics as the
pledge of allegiance, display and use of the flag by civilians, time and occasions for
display, position and manner of display, and how to show respect for the flag. The
“Code” also grants to the President the authority to modify the rules governing the
flag.

The report also addresses several of the frequently asked questions concerning
the flag. The subject matter of these questions includes the pledge of allegiance and
the court decisions concerning it, the nature of the codifications of customs
concerning the flag in the “Flag Code,” display of the flag 24 hours a day, flying the
flag in bad weather, flying the flag at half-staff, ornaments on the flag, destruction of
worn flags, display of the U.S. flag with flags of other nations or of States,
commercial use of the flag, size and proportion of the flag, and restrictions upon
display of the flag by real estate associations.

(f) The flag should never be used as a covering for a ceiling.

Believing that most laws (and rules) have an originating  factor, my mind races to understand what must have transpired requiring this sentence’s inclusion in the Flag Code.

I can see it now—

Dateline Washington D.C., June 1942. Hot and muggy, Congress is in session hammering out one of the most important documents requiring their attention—the United States Flag Code.

The Distinguished Congressman from West Virginia, "I say gentlemen. We need to make sure no one uses the American flag for a bedspread in their private bedroom. This would demonstrate willful disrespect for Old Glory."

The Distinguished Congressman from Minnesota, "Well, unless its made out of wool, it wouldn’t be warm enough to use in my home state, but someone might use it to decorate the ceiling of their fishing shed."

West Virginia Congressman—"You don’t say … Hmmm, maybe we should include a ban on using the flag to cover a ceiling instead."

Congress in unison, "Hey, that’s a really, really good idea. We all make a motion to add a sentence to the Flag Code banning ceiling covering."

Congress in unison, "Second the motion."

" I have a motion and a second, all in favor? … Motion carried by majority. Now included in the United States Flag Code is a sentence banning any individual from covering their ceiling with an American flag."

Ok, maybe my rendition isn’t historically accurate*, but just think about it. What factors could have taken place that even brought this to their minds with enough force to ban the practice? I can’t imagine.

I also wanted to include a photograph with this editorial showing the U.S. Flag covering a ceiling, but this is the only example I could find, dated 1896—almost 50 years before it became a violation. At least this law against disrespect has worked.

*This is a dramatization. The U.S. Flag Code was a compilation from many different sources—State Flag Desecration Laws, Military Flag Codes, and more, compiled in 1923 by the National Flag Conference.

The U.S. Flag Code addresses the stars in several places, giving us quite a bit of information. The word star or stars appears ten times in the Flag Code, but not after Section 3. Since the stars are a physical part of the American flag, the Code gives the details in that part of the code.

So what does the U.S. Flag Code tell us about our stars?

1. The Flag Code called for 48 stars at the time, in 1942 (section 1)
2. The stars are to be white on a blue Union (also referred to as a field of blue). (Section 1)
3. There is one star to represent each state in the Union. (Section 1)
4. The star positions [redesigned as necessary when a new star is added] are to become a part of the Flag Code as an attachment. (Section 1)
5. A star’s diameter is defined as .0616 of the hoist. (Section 1)
6. A star is added to the flag on the fourth of July following a new State’s admittance. (Section 2)
7. No representation of the U.S. flag, including the stars, are to be used for advertising. (Section 3)

Who will the next star represent? Will another territory be granted statehood? Is fifty the magic number of states, with no more allowed? What’s up with Vermont?

What do you think?

Deciding which flags to fly and in what order is a challenge that many business undertake everyday. Some flagpole configurations dictate how people can fly their flags, but the company in this example had the perfect setup.

The flagpoles are in a perfectly straight line and all are the same height. This is the configuration that will get you into the least amount of trouble, and yet …

As you probably see, one U.S. flag and the Texas flag are in great shape, it’s the second U.S. flag that brings up the problem. The U.S. Flag Code is clear about no flag flying to the right of the American flag, and in this illustration, the Texas flag is flying to the right of the second U.S. flag.

8(c) No other flag or pennant should be placed … to the right of the flag of the United States of America,

8(f) No such flag or pennant may be placed … to the United States flag’s right.

It is a problem that can be easily fixed in a couple of ways.

1. Remove the 2nd U.S. flag.
2. Remove the 2nd U.S. flag and hoist another flag (company, POW/MIA, alma mater, etc.).
3. Swap the Texas and 2nd U.S. flag (this brings up other questions).
4. Install new flagpoles in a configuration for two U.S. flags.
5. Remove two of the flagpoles, leaving only one flagpole.
6. Raise the height of the center pole by five feet and fly the U.S. flag on the tallest center flagpole.
7. Lower the height of the two outside flagpoles, achieving the same results.
8. Remove all flags from the flagpoles (I don’t like this option)
9. Ignore the U.S. Flag Code and go for the symmetrical look.
10. Hire me to monitor their flags to make sure they are flown correctly.

This series is intended for a company or individual that wants to fly the U.S. flag correctly—without offending anyone. The genesis of this idea was a conversation with a banker whose beautiful flagpole stood naked in front of the bank. She asked me the question, "Why is it so hard to flying the flag right?" I thought the question deserved a good answer.

In part three of Flying the flag right, I gave a brief overview of the ten sections of the U.S. Flag Code. In that article, it became apparent that we need only concern ourselves with Sections 6, 7, and 8 of the Flag Code to stay in good standing with the flag police.

Each of these sections focuses on a different aspect of flag flying behavior and the titles give a big hint into what each addresses. The section titles are:

Section 6: Time and occasions for display
Section 7: Position and manner of display
Section 8: Respect for flag

Let’s take a look at each of these and see what is pertinent to us in order to fly our flag daily or on named days.

Section 6

This section contains seven subsections labeled (a) through (g) addressing when to fly the flag. For most people, (c) through (g) don’t apply, leaving us with (a) and (b). Do you see how easy this is?

Let me quickly discuss (c) through (g) for clarification.

• (c) addresses inclement weather—almost all flags produced today are all-weather flags so you don’t have to concern yourself with this one.
• (d) lists days of the year to fly the flag if you don’t fly it daily, but since we fly it daily, this isn’t a problem … right?
• (e)(f)(g) gives instructions for government buildings, polling places, and schools. Since we’re flying our flags in front of our businesses or homes, these don’t apply.

(a) states that the flag is to fly in daylight hours only, unless the flag is illuminated, and
(b) simply says, raise the flag briskly and lower it ceremoniously.

See, I told you this was easy. If you don’t have a permanent flagpole, you don’t even have to worry about (b). Just place your flag in the holder on the front of the building or porch and pat yourself on the back for a job well done.

Section 7

With sixteen subsections, Section 7 is probably the most complicated because it covers how the American flag is flown in relationship with other flags. It goes into great detail about International flags, parades, and hanging the U.S. flag over streets and on walls. These are not the sort of things we really need  to worry about just to fly our flags out front. So what do we need to worry about?

The U.S. flag goes on top if you have a single flagpole and to it’s own right is you have more than one flagpole. I showed illustrations about the flags own right in Part II of this series.

The only other detail from Section 7 you need to pay attention to is the half-staff occasions. I wrote an article about flying the U.S. flag at half-staff, including the specified days, which are part of the U.S. Flag Code.

Section 8

Section 8 contains eleven sections numbered from (a) to (k). If your desire is to fly the flag properly in front of your business or home, there is only one of these that you need to remember, (k):

(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.

The rest address cover the upside-down distress signal, advertising, using the flag as a cover, and a few others that do apply, but not if your flag is flying on a pole out front.

Summarizing the Basics

That’s it for flying the flag right. If you follow these few simple rules, you will be in good shape with your flag flying. The rest of the U.S. Flag Code is important, especially if someone wants to show disrespect for the flag, but doesn’t know how. They can read the Flag Code and do exactly the opposite.

So to summarize the flag flying basics:

• 6(a) the flag flies in daylight hours only, unless the flag is illuminated.
• 6(b) raise the flag briskly and lower it ceremoniously.
• 7(c) the U.S. flag flies higher (if on same pole), or equal to and to the right of all other flags.
• 7(m) observe the three and one-half designated days for half-staff flying.
• 8(k) properly retire the flag when it’s at retirement age (and condition).

There you have the U.S. Flag Code broken down to it’s most basic components for those who wish to fly the flag properly in front of their business or home. There will be other days each year for lowering the flags to half-staff under Presidential or Gubernatorial proclamation, but those events are usually given lots of attention when they occur.

Subscribe to Receive Flag Flying Notices

Starting now, Flags Bay is sending out email notices of special flag flying days to everyone who sets up an account at the Flag Store. This doesn’t mean you have to buy something (of course you can if you want). This list is different than the new email subscription we introduced at the The Daily Flag last week, which emails new articles when they are written. The new flag flying notices will be a simple notification sent several days before a designated flag flying day, including the half-staff days.

Please make sure when setting up the account, you check the box labeled, "Subscribe to Our Newsletter." This will insure you receive the notices in time to fly the flag right.

Happy Flag Flying

Section 8(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.

To consider what the flag represents is easy because our history books are filled with entries of the heroic deeds of men and women standing in the way of tyranny. Standing up for what is right, sometimes in the face of terrible odds.

AndyRoddick.com » Blog Archive » “I was there… at Kooyong!”

Andy’s fans had a great 2007, traveling all over the world to see Andy play. Andy’s 2008 season kicked off at the Kooyong Classic, and that will also mark the first of our fan reports for 2008.Madi and Amy went to see Andy at Kooyong and shared their experience with andyroddick.com.“Kooyong began on Wednesday and we went, all kitted up in our American outfits (Ed’s note – every year, Madi and Amy go to Kooyong wearing dresses made out of the American flag). We’d decided this was the final year we were going to dress up in the outfits. (bold is mine)

Our freedom guarantees us the right to respect or disrespect—the choice is ours. Because of our freedom, we have the right to disrespect everything that represents this country and the liberties we have. Respect is merely the act of looking back at the price paid for the freedoms we have, giving us the right to show disrespect.  Respect should be easy, but it’s not.

Why is respect so hard? Let’s think about it.

• Respect is hard because people don’t want to think about sacrifice.
• Respect is hard because people don’t want to think about reverence.
• Respect is hard because it requires reflection.
• Respect is hard because it requires us to consider others, rather than ourselves.
• Respect is hard because it requires reflections on the past and the price that was paid.
• Respect is hard because it requires unselfishness.
• Respect is hard because doing the right thing is never easy.
• Why do you think respect is so hard a concept to grasp? Let me know in the comments. 

The accompanying photograph was taken in Australia and the girl is probably Australian, too. This in no way reflects on Andy Roddick or his respect for the American flag.

This article is part of the "Flying the flag right" series and is an overview of the ten sections of the U.S. Flag Code. It is my attempt to demystify the Code and make it easier to understand. Much of the Flag Code isn’t for the average flag flyer, and isn’t something to fret about.

Some parts of the Code address executive office privileges, and standards for manufacturers, which doesn’t affect most of us.

(But do take the time to inspect any new flag before you fly it, and make sure is has the right number of stripes and that the stars are pointing up.)

U.S. Flag Code Overview

With that in mind, let’s look at each section of the Code and determine our need to know.

Section 1: Describes the flag and gives its proper dimensions (You know what it looks like … right?). This is relevant if you manufacture flags, but not for the flying part. Don’t worry about this one.

Section 2: Addresses adding stars as new states enter the Union. This is taken care of automatically and when it happens, you’ll have plenty of notice. No matter the date of entry for a new state, the new star isn’t added until the following July 4th. Don’t worry about this one.

Section 3: Admonishes users not to mutilate the flag or use it for advertising (you weren’t going to do this anyway… right?). Originally this was only for the District of Columbia, but that restriction was removed in 1968. It now applies to everyone, but if your desire is to fly the flag right—You shouldn’t worry about this one.

Section 4: Gives the protocol for saying the Pledge of Allegiance (we learned this in grade school). Simply put, face the flag and put your right hand over your heart, then stand still while reciting the Pledge. This one is elementary.

Section 5: Explains that the document is for civilians, not government or military (They have their own flag code). I promise, that’s all it says, but you can follow the link to confirm that. It’s short and easy to read, so don’t worry about this one.

Section 6: Tells us when to fly the flag. I’ll cover this in the next article of this series.

Section 7: Tells us where to fly the flag in relation to other flags. This will also be part of the next article.

Section 8: Tells us how to fly the flag with respect. This is part of the next article, as well.

Section 9: Instructions for behavior during the raising and lowering of the flag  Simply put—Be on your best behavior.

Section 10: The President of the United States can modify the law by signing a proclamation. This is the easiest of all since we’re not the President, and in my case … not a future likelihood. I am sure you don’t have to worry about this one.

The conclusion is that you only need to concern yourself with the three sections in the middle to fly the U.S. flag right. These three sections are wordy, but I’ll see if I can break them down to the essentials in the next article. If you just want to fly the U.S. flag properly, it isn’t that difficult when you get back to the basics.

By the way, the picture accompanying this article was taken in El Lago, Texas, from the road in front of an apartment complex. I love this photograph because it is a perfect example of correct flag flying. From the street and left to right: U.S. flag, State flag, and corporate flag.