Is an indoor flag raising ceremony not appropriate?

jpstodwftexas · May 24, 2012

Like most people have already pointed out as long as you follow protocol and do it with dignity I see nothing wrong with an indoor flag raising ceremony. Yes There is no official rules about an indoor flag raising.

Use an appropriate sized Flag.

When Raising/lowering the Flag Never allow it to touch the Ground.

allow enough room for the American Flag to be in a upright position..it is never dipped

Union is always on the Flag's own upper right (viewer's left)

Most Scouts do not have a building tall enough for a really Dramatic Flag raising or lowering.

I recommend using Bugle Calls to enhance the Posting of the Colors.

Only Allow Scouts in proper Scout Uniform to Post the Colors.

Use Dramatic lighting to enhance the Posting of the Colors.

My Old Troop would turn out all the Lights..The 4 Man Color Guard would present the Colors. Two outer Guards would shine a light onto each flag as they were carried and spot light the Flags as the Pledge was said and until the main Lights were turned on.

To John-n-Kc

Every Scout event should start with a Flag Ceremony..Pledge at a Minimum. The National anthem does not have to be played. Colors can already be posted prior to opening ceremony. a Simple ceremony can be just asking everyone to stand and recite the Pledge.

Having Scouts research or doing the things you mentioned "I can think of lots of ways to have a dignified flag ceremony without doing an indoor flag raising.

- Have the kids research the Presidents of the Boy Scouting era...

- Have the kids research Medal of Honor winners who were Scouts...

- Have the kids research local government officials who were Scouts...

- Use the Red Skelton interpretation of the Pledge (have them do it). "

has nothing to do with the Presentation of the American Flag..The Proper way to raise or Lower the American Flag..

So many people can not even properly display a flag at half mast or know how to lower a flag from Half Mast anymore. To properly raise a flag to half mast you Briskly Raise it to Full mast and Then slowly lower it to half Mast..and to lower the Flag you first raise the Flag Briskly to Full Mast and then Slowly lower the Flag..And Many can not fold it properly either..(13 Folds)

Stosh · May 24, 2012

There is no "proper" way to fold the flag. There is, however, a traditional way, i.e. triangular so it is easier to raise the flag next time.

It takes only about 15 minutes to read the entire US Flag Code, it would help the discussion if everyone actually knew what it said, (and what it does not say).

Myths:

1) There is a correct way to fold the flag.

2) Flag draped coffin is for veterans only.

3) A flag having touched the ground must be properly burned.

4) Protocol Pledge of Allegiance and Star Spangled Banner are in the US Flag Code.

5) Dipping the Flag and carrying the Flag tilted forward are the same thing.

6) The US Flag goes on the right end of a line of flags in a parade.

7) It is okay to have a US flag fly from a staff attached to the vehicle's side window.

8) There is no way to display a fixed flag as "half-mast".

9) The US Flag is to be flown at half-mast on Memorial Day.

10) The proper way to dispose of a flag is described in the US Flag Code.

Fact:

Most people have never really read the US Flag Code, but seem to know an awful lot about it.

Stosh

John-in-KC · May 24, 2012

4 USC 4:

http://www.law.cornell.edu/uscode/text/4/4

USC Title 4 Chapter 1 4

4 USC 4 - Pledge of allegiance to the flag; manner of delivery

Current through Pub. L. 112-90. (See Public Laws for the current Congress.)

The Pledge of Allegiance to the Flag: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all., should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute.

John-in-KC · May 24, 2012

36 USC 301:

http://www.law.cornell.edu/uscode/text/36/301

36 USC 301 - National anthem

Current through Pub. L. 112-90. (See Public Laws for the current Congress.)

(a) Designation. The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.

(b) Conduct During Playing. During a rendition of the national anthem

(1) when the flag is displayed

(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;

(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and

© all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and

(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

Tampa Turtle · May 24, 2012

The intent of the code is too show respect. If an indoor flag raising is done as to invite ridicule than don't do it. If it is a respectful don't sweat it.

If you raise the flag and it hits the ceiling rethink your plan.

jpstodwftexas · May 24, 2012

jblake47 you wrote

It takes only about 15 minutes to read the entire US Flag Code, it would help the discussion if everyone actually knew what it said, (and what it does not say).

Myths:

6) The US Flag goes on the right end of a line of flags in a parade.

jblake47 wrote

Most people have never really read the US Flag Code, but seem to know an awful lot about it.

http://www.law.cornell.edu/uscode/text/4/7

The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flags own right, or, if there is a line of other flags, in front of the center of that line.

jpstodwftexas · May 24, 2012

CITE-

4 USC CHAPTER 1 - THE FLAG 01/03/2012 (112-90)

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

CHAPTER 1 - THE FLAG

-MISC1-

Sec.

1. Flag; stripes and stars on.

2. Same; additional stars.

3. Use of flag for advertising purposes; mutilation of

flag.

4. Pledge of allegiance to the flag; manner of delivery.

5. Display and use of flag by civilians; codification of

rules and customs; definition.

6. Time and occasions for display.

7. Position and manner of display.

8. Respect for flag.

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

10. Modification of rules and customs by President.

AMENDMENTS

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

added items 4 to 10.

-End-

-CITE-

4 USC Sec. 1 01/03/2012 (112-90)

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

Sec. 1. Flag; stripes and stars on

-STATUTE-

The flag of the United States shall be thirteen horizontal

stripes, alternate red and white; and the union of the flag shall

be forty-eight stars, white in a blue field.

-SOURCE-

(July 30, 1947, ch. 389, 61 Stat. 642.)

-MISC1-

SHORT TITLE OF 2009 AMENDMENT

Pub. L. 111-41, Sec. 1, July 27, 2009, 123 Stat. 1962, provided

that: "This Act [amending section 6 of this title] may be cited as

the 'Korean War Veterans Recognition Act'."

SHORT TITLE OF 2007 AMENDMENT

Pub. L. 110-41, Sec. 1, June 29, 2007, 121 Stat. 233, provided

that: "This Act [amending section 7 of this title and provisions

set out as a note under section 7 of this title] may be cited as

the 'Army Specialist Joseph P. Micks Federal Flag Code Amendment

Act of 2007'."

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-252, Sec. 1, July 28, 2000, 114 Stat. 626, provided

that: "This Act [enacting sections 116 to 126 of this title and

provisions set out as a note under section 116 of this title] may

be cited as the 'Mobile Telecommunications Sourcing Act'."

-EXEC-

EXECUTIVE ORDER NO. 10798

Ex. Ord. No. 10798, Jan. 3, 1959, 24 F.R. 79, which prescribed

proportions and sizes of flags until July 4, 1960, was revoked by

section 33 of Ex. Ord. No. 10834, set out as a note under this

section.

EX. ORD. NO. 10834. PROPORTIONS AND SIZES OF FLAGS AND POSITION OF

STARS

Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865, provided:

WHEREAS the State of Hawaii has this day been admitted into the

Union; and

WHEREAS section 2 of title 4 of the United States Code provides

as follows: "On the admission of a new State into the Union one

star shall be added to the union of the flag; and such addition

shall take effect on the fourth day of July then next succeeding

such admission."; and

WHEREAS the Federal Property and Administrative Services Act of

1949 (63 Stat. 377), as amended [see chapters 1 to 11 of Title 40,

Public Buildings, Property, and Works, and division C (except

sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of

subtitle I of Title 41, Public Contracts] authorizes the President

to prescribe policies and directives governing the procurement and

utilization of property by executive agencies; and

WHEREAS the interests of the Government require that orderly and

reasonable provision be made for various matters pertaining to the

flag and that appropriate regulations governing the procurement and

utilization of national flags and union jacks by executive agencies

be prescribed:

NOW, THEREFORE, by virtue of the authority vested in me as

President of the United States and as Commander in Chief of the

armed forces of the United States, and the Federal Property and

Administrative Services Act of 1949, as amended [see Short Title of

1949 Act note under section 101 of Title 41, Public Contracts], it

is hereby ordered as follows:

PART I - DESIGN OF THE FLAG

Section 1. The flag of the United States shall have thirteen

horizontal stripes, alternate red and white, and a union consisting

of white stars on a field of blue.

Sec. 2. The positions of the stars in the union of the flag and

in the union jack shall be as indicated on the attachment to this

order, which is hereby made a part of this order.

Sec. 3. The dimensions of the constituent parts of the flag shall

conform to the proportions set forth in the attachment referred to

in section 2 of this order.

PART II - REGULATIONS GOVERNING EXECUTIVE AGENCIES

Sec. 21. The following sizes of flags are authorized for

executive agencies:

Size Dimensions of Flag

Hoist Fly

(width) (length)

--------------------------------------------------------------------

Feet Feet

(1) 20.00 38.00

(2) 10.00 19.00

(3) 8.95 17.00

(4) 7.00 11.00

(5) 5.00 9.50

(6) 4.33 5.50

(7) 3.50 6.65

(8) 3.00 4.00

(9) 3.00 5.70

(10) 2.37 4.50

(11) 1.32 2.50

--------------------------------------------------------------------

Sec. 22. Flags manufactured or purchased for the use of executive

agencies:

(a) Shall conform to the provisions of Part I of this order,

except as may be otherwise authorized pursuant to the provisions of

section 24, or except as otherwise authorized by the provisions of

section 21, of this order.

(b) Shall conform to the provisions of section 21 of this order,

except as may be otherwise authorized pursuant to the provisions of

section 24 of this order.

Sec. 23. The exterior dimensions of each union jack manufactured

or purchased for executive agencies shall equal the respective

exterior dimensions of the union of a flag of a size authorized by

or pursuant to this order. The size of the union jack flown with

the national flag shall be the same as the size of the union of

that national flag.

Sec. 24. (a) The Secretary of Defense in respect of procurement

for the Department of Defense (including military colors) and the

Administrator of General Services in respect of procurement for

executive agencies other than the Department of Defense may, for

cause which the Secretary or the Administrator, as the case may be,

deems sufficient, make necessary minor adjustments in one or more

of the dimensions or proportionate dimensions prescribed by this

order, or authorize proportions or sizes other than those

prescribed by section 3 or section 21 of this order.

(b) So far as practicable, (1) the actions of the Secretary of

Defense under the provisions of section 24(a) of this order, as

they relate to the various organizational elements of the

Department of Defense, shall be coordinated, and (2) the Secretary

and the Administrator shall mutually coordinate their actions under

that section.

Sec. 25. Subject to such limited exceptions as the Secretary of

Defense in respect of the Department of Defense, and the

Administrator of General Services in respect of executive agencies

other than the Department of Defense, may approve, all national

flags and union jacks now in the possession of executive agencies,

or hereafter acquired by executive agencies under contracts awarded

prior to the date of this order, including those so possessed or so

acquired by the General Services Administration, for distribution

to other agencies, shall be utilized until unserviceable.

PART III - GENERAL PROVISIONS

Sec. 31. The flag prescribed by Executive Order No. 10798 of

January 3, 1959, shall be the official flag of the United States

until July 4, 1960, and on that date the flag prescribed by Part I

of this order shall become the official flag of the United States;

but this section shall neither derogate from section 24 or section

25 of this order nor preclude the procurement, for executive

agencies, of flags provided for by or pursuant to this order at any

time after the date of this order.

Sec. 32. As used in this order, the term "executive agencies"

means the executive departments and independent establishments in

the executive branch of the Government, including wholly-owned

Government corporations.

Sec. 33. Executive Order No. 10798 of January 3, 1959, is hereby

revoked.

Dwight D. Eisenhower.

STANDARD PROPORTIONS

--------------------------------------------------------------------

Hoist (width) of flag 1.0: A

Fly (length) of flag 1.9: B

Hoist (width) of Union 0.5385, ( 7/13 ): C

Fly (length) of Union 0.76: D

P0.054: E

P0.054: F

P0.063: G

P0.063: H

Diameter of star 0.0616: K

Width of stripe 0.0769, ( 1/13 ): L

--------------------------------------------------------------------

-End-

-CITE-

4 USC Sec. 2 01/03/2012 (112-90)

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

Sec. 2. Same; additional stars

-STATUTE-

On the admission of a new State into the Union one star shall be

added to the union of the flag; and such addition shall take effect

on the fourth day of July then next succeeding such admission.

-SOURCE-

(July 30, 1947, ch. 389, 61 Stat. 642.)

-End-

-CITE-

4 USC Sec. 3 01/03/2012 (112-90)

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

Sec. 3. Use of flag for advertising purposes; mutilation of flag

-STATUTE-

Any person who, within the District of Columbia, in any manner,

for exhibition or display, shall place or cause to be placed any

word, figure, mark, picture, design, drawing, or any advertisement

of any nature upon any flag, standard, colors, or ensign of the

United States of America; or shall expose or cause to be exposed to

public view any such flag, standard, colors, or ensign upon which

shall have been printed, painted, or otherwise placed, or to which

shall be attached, appended, affixed, or annexed any word, figure,

mark, picture, design, or drawing, or any advertisement of any

nature; or who, within the District of Columbia, shall manufacture,

sell, expose for sale, or to public view, or give away or have in

possession for sale, or to be given away or for use for any

purpose, any article or substance being an article of merchandise,

or a receptacle for merchandise or article or thing for carrying or

transporting merchandise, upon which shall have been printed,

painted, attached, or otherwise placed a representation of any such

flag, standard, colors, or ensign, to advertise, call attention to,

decorate, mark, or distinguish the article or substance on which so

placed shall be deemed guilty of a misdemeanor and shall be

punished by a fine not exceeding $100 or by imprisonment for not

more than thirty days, or both, in the discretion of the court. The

words "flag, standard, colors, or ensign", as used herein, shall

include any flag, standard, colors, ensign, or any picture or

representation of either, or of any part or parts of either, made

of any substance or represented on any substance, of any size

evidently purporting to be either of said flag, standard, colors,

or ensign of the United States of America or a picture or a

representation of either, upon which shall be shown the colors, the

stars and the stripes, in any number of either thereof, or of any

part or parts of either, by which the average person seeing the

same without deliberation may believe the same to represent the

flag, colors, standard, or ensign of the United States of America.

-SOURCE-

(July 30, 1947, ch. 389, 61 Stat. 642; Pub. L. 90-381, Sec. 3, July

5, 1968, 82 Stat. 291.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-381 struck out "; or who, within the District

of Columbia, shall publicly mutilate, deface, defile or defy,

trample upon, or cast contempt, either by word or act, upon any

such flag, standard, colors, or ensign," after "substance on which

so placed".

-End-

-CITE-

4 USC Sec. 4 01/03/2012 (112-90)

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

Sec. 4. Pledge of allegiance to the flag; manner of delivery

-STATUTE-

The Pledge of Allegiance to the Flag: "I pledge allegiance to the

Flag of the United States of America, and to the Republic for which

it stands, one Nation under God, indivisible, with liberty and

justice for all.", should be rendered by standing at attention

facing the flag with the right hand over the heart. When not in

uniform men should remove any non-religious headdress with their

right hand and hold it at the left shoulder, the hand being over

the heart. Persons in uniform should remain silent, face the flag,

and render the military salute.

-SOURCE-

(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1494;

amended Pub. L. 107-293, Sec. 2(a), Nov. 13, 2002, 116 Stat. 2060.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

4 36:172. June 22, 1942, ch. 435, Sec.

7, 56 Stat. 380; Dec. 22,

1942, ch. 806, Sec. 7, 56

Stat. 1077; Dec. 28, 1945,

ch. 607, 59 Stat. 668; June

14, 1954, ch. 297, 68 Stat.

249; July 7, 1976, Pub. L.

94-344, (19), 90 Stat. 813.

--------------------------------------------------------------------

-COD-

CODIFICATION

Amendment by Pub. L. 107-293 reaffirmed the exact language of the

Pledge, see section 2(b) of Pub. L. 107-293, set out as a

Reaffirmation of Language note below.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-293 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "The Pledge of Allegiance to the Flag, 'I pledge

allegiance to the Flag of the United States of America, and to the

Republic for which it stands, one Nation under God, indivisible,

with liberty and justice for all.', should be rendered by standing

at attention facing the flag with the right hand over the heart.

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. Persons in uniform should remain silent, face the flag,

and render the military salute."

FINDINGS

Pub. L. 107-293, Sec. 1, Nov. 13, 2002, 116 Stat. 2057, provided

that: "Congress finds the following:

"(1) On November 11, 1620, prior to embarking for the shores of

America, the Pilgrims signed the Mayflower Compact that declared:

'Having undertaken, for the Glory of God and the advancement of

the Christian Faith and honor of our King and country, a voyage

to plant the first colony in the northern parts of Virginia,'.

"(2) On July 4, 1776, America's Founding Fathers, after

appealing to the 'Laws of Nature, and of Nature's God' to justify

their separation from Great Britain, then declared: 'We hold

these Truths to be self-evident, that all Men are created equal,

that they are endowed by their Creator with certain unalienable

Rights, that among these are Life, Liberty, and the Pursuit of

Happiness'.

"(3) In 1781, Thomas Jefferson, the author of the Declaration

of Independence and later the Nation's third President, in his

work titled 'Notes on the State of Virginia' wrote: 'God who gave

us life gave us liberty. And can the liberties of a nation be

thought secure when we have removed their only firm basis, a

conviction in the minds of the people that these liberties are of

the Gift of God. That they are not to be violated but with His

wrath? Indeed, I tremble for my country when I reflect that God

is just; that his justice cannot sleep forever.'

"(4) On May 14, 1787, George Washington, as President of the

Constitutional Convention, rose to admonish and exhort the

delegates and declared: 'If to please the people we offer what we

ourselves disapprove, how can we afterward defend our work? Let

us raise a standard to which the wise and the honest can repair;

the event is in the hand of God!'

"(5) On July 21, 1789, on the same day that it approved the

Establishment Clause concerning religion, the First Congress of

the United States also passed the Northwest Ordinance, providing

for a territorial government for lands northwest of the Ohio

River, which declared: 'Religion, morality, and knowledge, being

necessary to good government and the happiness of mankind,

schools and the means of education shall forever be encouraged.'

"(6) On September 25, 1789, the First Congress unanimously

approved a resolution calling on President George Washington to

proclaim a National Day of Thanksgiving for the people of the

United States by declaring, 'a day of public thanksgiving and

prayer, to be observed by acknowledging, with grateful hearts,

the many signal favors of Almighty God, especially by affording

them an opportunity peaceably to establish a constitution of

government for their safety and happiness.'

"(7) On November 19, 1863, President Abraham Lincoln delivered

his Gettysburg Address on the site of the battle and declared:

'It is rather for us to be here dedicated to the great task

remaining before us - that from these honored dead we take

increased devotion to that cause for which they gave the last

full measure of devotion - that we here highly resolve that these

dead shall not have died in vain - that this Nation, under God,

shall have a new birth of freedom - and that Government of the

people, by the people, for the people, shall not perish from the

earth.'

"(8) On April 28, 1952, in the decision of the Supreme Court of

the United States in Zorach v. Clauson, 343 U.S. 306 (1952), in

which school children were allowed to be excused from public

schools for religious observances and education, Justice William

O. Douglas, in writing for the Court stated: 'The First

Amendment, however, does not say that in every and all respects

there shall be a separation of Church and State. Rather, it

studiously defines the manner, the specific ways, in which there

shall be no concern or union or dependency one on the other. That

is the common sense of the matter. Otherwise the State and

religion would be aliens to each other - hostile, suspicious, and

even unfriendly. Churches could not be required to pay even

property taxes. Municipalities would not be permitted to render

police or fire protection to religious groups. Policemen who

helped parishioners into their places of worship would violate

the Constitution. Prayers in our legislative halls; the appeals

to the Almighty in the messages of the Chief Executive; the

proclamations making Thanksgiving Day a holiday; "so help me God"

in our courtroom oaths - these and all other references to the

Almighty that run through our laws, our public rituals, our

ceremonies would be flouting the First Amendment. A fastidious

atheist or agnostic could even object to the supplication with

which the Court opens each session: "God save the United States

and this Honorable Court." '

"(9) On June 15, 1954, Congress passed and President Eisenhower

signed into law a statute that was clearly consistent with the

text and intent of the Constitution of the United States, that

amended the Pledge of Allegiance to read: 'I pledge allegiance to

the Flag of the United States of America and to the Republic for

which it stands, one Nation under God, indivisible, with liberty

and justice for all.'

"(10) On July 20, 1956, Congress proclaimed that the national

motto of the United States is 'In God We Trust', and that motto

is inscribed above the main door of the Senate, behind the Chair

of the Speaker of the House of Representatives, and on the

currency of the United States.

"(11) On June 17, 1963, in the decision of the Supreme Court of

the United States in Abington School District v. Schempp, 374

U.S. 203 (1963), in which compulsory school prayer was held

unconstitutional, Justices Goldberg and Harlan, concurring in the

decision, stated: 'But untutored devotion to the concept of

neutrality can lead to invocation or approval of results which

partake not simply of that noninterference and noninvolvement

with the religious which the Constitution commands, but of a

brooding and pervasive devotion to the secular and a passive, or

even active, hostility to the religious. Such results are not

only not compelled by the Constitution, but, it seems to me, are

prohibited by it. Neither government nor this Court can or should

ignore the significance of the fact that a vast portion of our

people believe in and worship God and that many of our legal,

political, and personal values derive historically from religious

teachings. Government must inevitably take cognizance of the

existence of religion and, indeed, under certain circumstances

the First Amendment may require that it do so.'

"(12) On March 5, 1984, in the decision of the Supreme Court of

the United States in Lynch v. Donelly, 465 U.S. 668 (1984), in

which a city government's display of a nativity scene was held to

be constitutional, Chief Justice Burger, writing for the Court,

stated: 'There is an unbroken history of official acknowledgment

by all three branches of government of the role of religion in

American life from at least 1789 . . . [E]xamples of reference

to our religious heritage are found in the statutorily prescribed

national motto "In God We Trust" (36 U.S.C. 186) [now 36 U.S.C.

302], which Congress and the President mandated for our currency,

see (31 U.S.C. 5112(d)(1) (1982 ed.)), and in the language "One

Nation under God", as part of the Pledge of Allegiance to the

American flag. That pledge is recited by many thousands of public

school children - and adults - every year . . . Art galleries

supported by public revenues display religious paintings of the

15th and 16th centuries, predominantly inspired by one religious

faith. The National Gallery in Washington, maintained with

Government support, for example, has long exhibited masterpieces

with religious messages, notably the Last Supper, and paintings

depicting the Birth of Christ, the Crucifixion, and the

Resurrection, among many others with explicit Christian themes

and messages. The very chamber in which oral arguments on this

case were heard is decorated with a notable and permanent - not

seasonal - symbol of religion: Moses with the Ten Commandments.

Congress has long provided chapels in the Capitol for religious

worship and meditation.'

"(13) On June 4, 1985, in the decision of the Supreme Court of

the United States in Wallace v. Jaffree, 472 U.S. 38 (1985), in

which a mandatory moment of silence to be used for meditation or

voluntary prayer was held unconstitutional, Justice O'Connor,

concurring in the judgment and addressing the contention that the

Court's holding would render the Pledge of Allegiance

unconstitutional because Congress amended it in 1954 to add the

words 'under God,' stated 'In my view, the words "under God" in

the Pledge, as codified at (36 U.S.C. 172) [now 4 U.S.C. 4],

serve as an acknowledgment of religion with "the legitimate

secular purposes of solemnizing public occasions, [and]

expressing confidence in the future." '

"(14) On November 20, 1992, the United States Court of Appeals

for the 7th Circuit, in Sherman v. Community Consolidated School

District 21, 980 F.2d 437 (7th Cir. 1992), held that a school

district's policy for voluntary recitation of the Pledge of

Allegiance including the words 'under God' was constitutional.

"(15) The 9th Circuit Court of Appeals erroneously held, in

Newdow v. U.S. Congress (9th Cir. June 26, 2002), that the Pledge

of Allegiance's use of the express religious reference 'under

God' violates the First Amendment to the Constitution, and that,

therefore, a school district's policy and practice of teacher-led

voluntary recitations of the Pledge of Allegiance is

unconstitutional.

"(16) The erroneous rationale of the 9th Circuit Court of

Appeals in Newdow would lead to the absurd result that the

Constitution's use of the express religious reference 'Year of

our Lord' in Article VII violates the First Amendment to the

Constitution, and that, therefore, a school district's policy and

practice of teacher-led voluntary recitations of the Constitution

itself would be unconstitutional."

REAFFIRMATION OF LANGUAGE

Pub. L. 107-293, Sec. 2(b), Nov. 13, 2002, 116 Stat. 2060,

provided that: "In codifying this subsection [probably should be

"section", meaning section 2 of Pub. L. 107-293, which amended this

section], the Office of the Law Revision Counsel shall show in the

historical and statutory notes that the 107th Congress reaffirmed

the exact language that has appeared in the Pledge for decades."

-End-

-CITE-

4 USC Sec. 5 01/03/2012 (112-90)

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

Sec. 5. Display and use of flag by civilians; codification of rules

and customs; definition

-STATUTE-

The following codification of existing rules and customs

pertaining to the display and use of the flag of the United States

of America is established for the use of such civilians or civilian

groups or organizations as may not be required to conform with

regulations promulgated by one or more executive departments of the

Government of the United States. The flag of the United States for

the purpose of this chapter shall be defined according to sections

1 and 2 of this title and Executive Order 10834 issued pursuant

thereto.

-SOURCE-

(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1494.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5 36:173. June 22, 1942, ch. 435, Sec.

1, 56 Stat. 377; Dec. 22,

1942, ch. 806, Sec. 1, 56

Stat. 1074; July 7, 1976,

Pub. L. 94-344, (1), 90

Stat. 810.

--------------------------------------------------------------------

-REFTEXT-

REFERENCES IN TEXT

Executive Order 10834, referred to in text, is set out as a note

under section 1 of this title.

-MISC2-

FREEDOM TO DISPLAY THE AMERICAN FLAG

Pub. L. 109-243, July 24, 2006, 120 Stat. 572, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Freedom to Display the American

Flag Act of 2005'.

"SEC. 2. DEFINITIONS.

"For purposes of this Act -

"(1) the term 'flag of the United States' has the meaning given

the term 'flag, standard, colors, or ensign' under section 3 of

title 4, United States Code;

"(2) the terms 'condominium association' and 'cooperative

association' have the meanings given such terms under section 604

of Public Law 96-399 (15 U.S.C. 3603);

"(3) the term 'residential real estate management association'

has the meaning given such term under section 528 of the Internal

Revenue Code of 1986 (26 U.S.C. 528); and

"(4) the term 'member' -

"(A) as used with respect to a condominium association, means

an owner of a condominium unit (as defined under section 604 of

Public Law 96-399 (15 U.S.C. 3603)) within such association;

"(B) as used with respect to a cooperative association, means

a cooperative unit owner (as defined under section 604 of

Public Law 96-399 (15 U.S.C. 3603)) within such association;

and

"© as used with respect to a residential real estate

management association, means an owner of a residential

property within a subdivision, development, or similar area

subject to any policy or restriction adopted by such

association.

"SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.

"A condominium association, cooperative association, or

residential real estate management association may not adopt or

enforce any policy, or enter into any agreement, that would

restrict or prevent a member of the association from displaying the

flag of the United States on residential property within the

association with respect to which such member has a separate

ownership interest or a right to exclusive possession or use.

"SEC. 4. LIMITATIONS.

"Nothing in this Act shall be considered to permit any display or

use that is inconsistent with -

"(1) any provision of chapter 1 of title 4, United States Code,

or any rule or custom pertaining to the proper display or use of

the flag of the United States (as established pursuant to such

chapter or any otherwise applicable provision of law); or

"(2) any reasonable restriction pertaining to the time, place,

or manner of displaying the flag of the United States necessary

to protect a substantial interest of the condominium association,

cooperative association, or residential real estate management

association."

-End-

-CITE-

4 USC Sec. 6 01/03/2012 (112-90)

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

Sec. 6. Time and occasions for display

-STATUTE-

(a) It is the universal custom to display the flag only from

sunrise to sunset on buildings and on stationary flagstaffs 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.

(b) The flag should be hoisted briskly and lowered ceremoniously.

inclement, except when an all weather flag is displayed.

(d) The flag should be displayed on all days, especially on New

Year's Day, January 1; Inauguration Day, January 20; Martin Luther

King Jr.'s birthday, third Monday in January; Lincoln's Birthday,

February 12; Washington's Birthday, third Monday in February;

Easter Sunday (variable); Mother's Day, second Sunday in May; Armed

Forces Day, third Saturday in May; Memorial Day (half-staff until

noon), the last Monday in May; Flag Day, June 14; Father's Day,

third Sunday in June; Independence Day, July 4; National Korean War

Veterans Armistice Day, July 27; Labor Day, first Monday in

September; Constitution Day, September 17; Columbus Day, second

Monday in October; Navy Day, October 27; Veterans Day, November 11;

Thanksgiving Day, fourth Thursday in November; Christmas Day,

December 25; and such other days as may be proclaimed by the

President of the United States; the birthdays of States (date of

admission); and on State holidays.

(e) The flag should be displayed daily on or near the main

administration building of every public institution.

(f) The flag should be displayed in or near every polling place

on election days.

(g) The flag should be displayed during school days in or near

every schoolhouse.

-SOURCE-

(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1494;

amended Pub. L. 106-80, Sec. 1, Oct. 25, 1999, 113 Stat. 1285; Pub.

L. 110-239, Sec. 1, June 3, 2008, 122 Stat. 1559; Pub. L. 111-41,

Sec. 2, July 27, 2009, 123 Stat. 1962.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6 36:174. June 22, 1942, ch. 435, Sec.

2, 56 Stat. 378; Dec. 22,

1942, ch. 806, Sec. 2, 56

Stat. 1074; July 7, 1976,

Pub. L. 94-344, (2)-(5), 90

Stat. 810.

--------------------------------------------------------------------

In subsection (d), the words "Veterans Day" are substituted for

"Armistice Day" because of the Act of June 1, 1954 (ch. 250, 68

Stat. 168).

AMENDMENTS

2009 - Subsec. (d). Pub. L. 111-41 inserted "National Korean War

Veterans Armistice Day, July 27;" after "July 4;".

2008 - Subsec. (d). Pub. L. 110-239 inserted "Father's Day, third

Sunday in June;" after "Flag Day, June 14;".

1999 - Subsec. (d). Pub. L. 106-80 inserted "Martin Luther King

Jr.'s birthday, third Monday in January;" after "January 20;".

-End-

-CITE-

4 USC Sec. 7 01/03/2012 (112-90)

-EXPCITE-

TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 1 - THE FLAG

-HEAD-

Sec. 7. Position and manner of display

-STATUTE-

The flag, when carried in a procession with another flag or

flags, should be either on the marching right; that is, the flag's

own right, or, if there is a line of other flags, in front of the

center of that line.

(a) The flag should not be displayed on a float in a parade

except from a staff, or as provided in subsection (i) of this

section.

(b) The flag should not be draped over the hood, top, sides, or

back of a vehicle or of a railroad train or a boat. When the flag

is displayed on a motorcar, the staff shall be fixed firmly to the

chassis or clamped to the right fender.

same level, to the right of the flag of the United States of

America, except during church services conducted by naval chaplains

at sea, when the church pennant may be flown above the flag during

church services for the personnel of the Navy. No person shall

display the flag of the United Nations or any other national or

international flag equal, above, or in a position of superior

prominence or honor to, or in place of, the flag of the United

States at any place within the United States or any Territory or

possession thereof: Provided, That nothing in this section shall

make unlawful the continuance of the practice heretofore followed

of displaying the flag of the United Nations in a position of

superior prominence or honor, and other national flags in positions

of equal prominence or honor, with that of the flag of the United

States at the headquarters of the United Nations.

(d) The flag of the United States of America, when it is

displayed with another flag against a wall from crossed staffs,

should be on the right, the flag's own right, and its staff should

be in front of the staff of the other flag.

(e) The flag of the United States of America should be at the

center and at the highest point of the group when a number of flags

of States or localities or pennants of societies are grouped and

displayed from staffs.

(f) When flags of States, cities, or localities, or pennants of

societies are flown on the same halyard with the flag of the United

States, the latter should always be at the peak. When the flags are

flown from adjacent staffs, the flag of the United States should be

hoisted first and lowered last. No such flag or pennant may be

placed above the flag of the United States or to the United States

flag's right.

(g) When flags of two or more nations are displayed, they are to

be flown from separate staffs of the same height. The flags should

be of approximately equal size. International usage forbids the

display of the flag of one nation above that of another nation in

time of peace.

(h) When the flag of the United States is displayed from a staff

projecting horizontally or at an angle from the window sill,

balcony, or front of a building, the union of the flag should be

placed at the peak of the staff unless the flag is at half-staff.

When the flag is suspended over a sidewalk from a rope extending

from a house to a pole at the edge of the sidewalk, the flag should

be hoisted out, union first, from the building.

(i) When displayed either horizontally or vertically against a

wall, the union should be uppermost and to the flag's own right,

that is, to the observer's left. When displayed in a window, the

flag should be displayed in the same way, with the union or blue

field to the left of the observer in the street.

(j) When the flag is displayed over the middle of the street, it

should be suspended vertically with the union to the north in an

east and west street or to the east in a north and south street.

(k) When used on a speaker's platform, the flag, if displayed

flat, should be displayed above and behind the speaker. When

displayed from a staff in a church or public auditorium, the flag

of the United States of America should hold the position of

superior prominence, in advance of the audience, and in the

position of honor at the clergyman's or speaker's right as he faces

the audience. Any other flag so displayed should be placed on the

left of the clergyman or speaker or to the right of the audience.

(l) The flag should form a distinctive feature of the ceremony of

unveiling a statue or monument, but it should never be used as the

covering for the statue or monument.

(m) The flag, when flown at half-staff, should be first hoisted

to the peak for an instant and then lowered to the half-staff

position. The flag should be again raised to the peak before it is

lowered for the day. On Memorial Day the flag should be displayed

at half-staff until noon only, then raised to the top of the staff.

By order of the President, the flag shall be flown at half-staff

upon the death of principal figures of the United States Government

and the Governor of a State, territory, or possession, as a mark of

respect to their memory. In the event of the death of other

officials or foreign dignitaries, the flag is to be displayed at

half-staff according to Presidential instructions or orders, or in

accordance with recognized customs or practices not inconsistent

with law. In the event of the death of a present or former official

of the government of any State, territory, or possession of the

United States or the death of a member of the Armed Forces from any

State, territory, or possession who dies while serving on active

duty, the Governor of that State, territory, or possession may

proclaim that the National flag shall be flown at half-staff, and

the same authority is provided to the Mayor of the District of

Columbia with respect to present or former officials of the

District of Columbia and members of the Armed Forces from the

District of Columbia. When the Governor of a State, territory, or

possession, or the Mayor of the District of Columbia, issues a

proclamation under the preceding sentence that the National flag be

flown at half-staff in that State, territory, or possession or in

the District of Columbia because of the death of a member of the

Armed Forces, the National flag flown at any Federal installation

or facility in the area covered by that proclamation shall be flown

at half-staff consistent with that proclamation. The flag shall be

flown at half-staff 30 days from the death of the President or a

former President; 10 days from the day of death of the Vice

President, the Chief Justice or a retired Chief Justice of the

United States, or the Speaker of the House of Representatives; from

the day of death until interment of an Associate Justice of the

Supreme Court, a Secretary of an executive or military department,

a former Vice President, or the Governor of a State, territory, or

possession; and on the day of death and the following day for a

Member of Congress. The flag shall be flown at half-staff on Peace

Officers Memorial Day, unless that day is also Armed Forces Day. As

used in this subsection -

(1) the term "half-staff" means the position of the flag when

it is one-half the distance between the top and bottom of the

staff;

(2) the term "executive or military department" means any

agency listed under sections 101 and 102 of title 5, United

States Code; and

(3) the term "Member of Congress" means a Senator, a

Representative, a Delegate, or the Resident Commissioner from

Puerto Rico.

(n) When the flag is used to cover a casket, it should be so

placed that the union is at the head and over the left shoulder.

The flag should not be lowered into the grave or allowed to touch

the ground.

(o) When the flag is suspended across a corridor or lobby in a

building with only one main entrance, it should be suspended

vertically with the union of the flag to the observer's left upon

entering. If the building has more than one main entrance, the flag

should be suspended vertically near the center of the corridor or

lobby with the union to the north, when entrances are to the east

and west or to the east when entrances are to the north and south.

If there are entrances in more than two directions, the union

should be to the east.

-SOURCE-

(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1495;

amended Pub. L. 110-41, Sec. 3, June 29, 2007, 121 Stat. 233.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

7 36:175. June 22, 1942, ch. 435, Sec.

3, 56 Stat. 378; Dec. 22,

1942, ch. 806, Sec. 3, 56

Stat. 1075; July 9, 1953,

ch. 183, 67 Stat. 142; July

7, 1976, Pub. L. 94-344,

(6)-(11), 90 Stat. 811;

Sept. 13, 1994, Pub. L.

103-322, title XXXII, Sec.

320922(b), 108 Stat. 2131.

--------------------------------------------------------------------

AMENDMENTS

2007 - Subsec. (m). Pub. L. 110-41, in sixth sentence, inserted

"or the death of a member of the Armed Forces from any State,

territory, or possession who dies while serving on active duty"

after "present or former official of the government of any State,

territory, or possession of the United States" and substituted ",

and the same authority is provided to the Mayor of the District of