Commentary: U.S. Law Details Proper Ways To Display Flag

Take a late-night (or very early morning) ride around Springdale. Not many cars, but plenty of neon-bright signs. Unfortunately, some important places remain dark.

At A Glance

Flag Code

Federal Law Relating to Display and Associated Questions about the U.S. flag can be found at:

www.senate.gov/reference/resources/pdf/RL30243.pdf

American Legion on flag advocacy, legion.org/flag

Source: Staff Report

Flagpoles. Flagpoles flying the flag of the United States of America.

The U.S. Flag Code states: "It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flag staffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness."

And, no, the code hasn't been amended to endorse flying the flag in darkness.

Yet stores, schools, banks, car dealerships, industrial plants, private residences and more fly the flag without light. Sometimes the lights set to illuminate a flag no longer work. But other institutions leave the flag flying after dark -- perhaps out of ignorance or laziness.

"It's not supposed to be concealed in the dark. It's meant to be seen," said Art Florer, commander of American Legion Beely-Johnson Post 139 in Springdale and a veteran of the Vietnam War.

The current state of affairs in the Middle East, the World Cup Soccer tournament and even the Rodeo of the Ozarks have people cheering the red, white and blue. Even with the contentious nature of politics, most people come together to celebrate the independence of their homeland.

And they should celebrate. "There never has been a country like this one," Florer said. "It all started 400 years ago on the frontier."

Many people plan to celebrate this nation on Independence Day, showing their patriotism in the forms flag-themed napkins, plates and table cloths; T-shirts, hats, socks and even bathing suits; and blankets, bunting and actual flags. Wonder what the founding fathers would think of all that?

The U.S. Flag Code gives guidelines to show respect for Old Glory.

"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," reads a Senate report prepared for Congress, updated in 2008.

"On June 22, 1942, President Franklin D. Roosevelt approved House Joint Resolution 303 codifying the existing customs and rules governing the display and use of the flag of the United States by civilians," the report continues. The Flag Code is found in Chapter 1, Title 4, of the U.S. Code and a section of Title 36.

On Flag Day, June 14, 1923, representatives of 69 patriotic, fraternal, civic and military organizations met in Washington to draft guidelines for flag etiquette. Many of these guidelines found their way into the Flag Code.

Here are some other provisions of the Flag Code, as listed on the American Legion website:

The flag should be displayed with the flag's "own right."

"The 'right' as the position of honor developed from the time when the 'right hand' was the 'weapon hand' or 'point of danger,'" according to the American Legion website. "The right hand raised without weapon was a sign of peace. The right hand, to any observer, is the observer's left. Therefore, as used in the Flag Code, the flag and blue field is displayed to the left of the observer, which is the flag's 'own right.'"

The flag shouldn't be displayed on days when the weather is inclement, except when an all-weather flag is used.

The flag should be displayed daily on or near the main administration building of every public institution, in or near every polling place on election days and during school days in or near every schoolhouse.

The flag should never be used as apparel, bedding or drapery. It should never be drawn up in folds, but always allowed to fall free.

Bunting of blue, white and red is always arranged with the blue above, the white in the middle and the red below. It can be used to cover a speaker's desk, drape the front of a platform and for decoration in general.

The flag should never be fastened, displayed, used or stored in ways it could be easily torn, soiled or damaged.

The flag can be flown at half-staff as a sign of the nation's mourning after the death of principle figures in the United States. Only the president or a state governor may call for the flag to be flown at half-staff. The flag should first be hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be raised again to the peak before it is lowered for the day.

And, yes, it's called half-staff.

But, perhaps, the coolest thing about the Flag Code is following the code is voluntary.

The code doesn't provide penalties for violation of any of its provisions. The Supreme Court ruled in 1989 and again in 1990 that "anti-desecration statutes are unconstitutional if aimed at suppressing one type of expression."

That might also be known as the First Amendment, freedom of speech.

"It's a symbol of our country -- which, in my opinion, is one of the greatest countries on Earth," Florer said. "We are trying to lead the world in peace."

Commentary on 07/03/2014

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