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_________ Are there any restrictions to flying the American flag on public property, storefronts and businesses, or residential housing? June 14 is Flag Day, the holiday designated by President Woodrow Wilson in 1916 to honor the adoption of the American Flag on June 14, 1777.1 Ironically, although Americans often celebrated the flag on this day for years, it was not until August 3rd, 1949 that President Truman signed an Act of Congress designating June 14th of each year as National Flag Day.2 This makes it a great day to fly an American flag at your house or business (though some people choose to fly an American flag every day to display their patriotism). However, there are some restrictions to flying the American Flag. On Flag Day in 1923, a group of organizations headed by the American Legion outlined the National Flag Code as a set of advisory rules for displaying the flag. These rules became law during World War II and form the bulk of what's now the United States Flag Code.3 The Code details the time, manner, and occasion for display of the flag, as well as general respect that must be shown to the flag. When: Although it is the universal custom to display the flag only from sunrise to sunset, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.4 The flag should not be displayed on days of inclement weather, except if an all-weather flag is displayed.5 [Continued on next page.]

1 The History of the Flag, The Flag of the United States of America (Feb. 10, 2005), http://www.usflag.org/history/flagday.html. 2 Id. 3 Ethan Trex, Rules on Flying the American Flag, CNN (May 30, 2011), http://www.cnn.com/2011/LIVING/05/30/fly.american.flag.mf/index.html; See also 36 U.S.C. §173-178 (codified section of the United States Flag Code). 4 36 U.S.C. §174. 5 Id.

Where/Who: The flag should be displayed daily on or near the main administration building of every public institution.6 The flag should be displayed during school days in or near every schoolhouse.7 Private businesses and residences are allowed to display the flag as much or as little they want, regardless of any local association that attempts to restrict flying the flag.8 In 2006 the Freedom to Display the American Flag Act of 2005 was enacted and states that no condo board, housing co-op, or residential real estate management group can restrict a person's right to display the American flag on their own residential property if displayed in the manner the flag code articulates. Consequently, no one can stop an individual citizen from showing their pride by displaying the American Flag on their private property. How: 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.9 The flag itself should never be used as clothing, bedding, or drapery.10 What's the penalty for breaking the flag code? There is not one. The flag code is different than other federal codes in this regard. As part of the United States Code, the flag code is technically federal law. However, the code does not outline any measures for enforcement or punishment, as other codes do. Basically, the flag code is a set of advisory rules for Americans who want to know and follow the proper and respectful way to display the American flag.11 Even if the flag code did provide measures for its enforcement, it's not clear that the measures would be constitutional. Originally, each state numerated their own penalties for desecrating the flag12, but the 1989 Supreme Court decision Texas v. Johnson invalidated these laws as infringements on free speech.13 Congress responded by passing the Flag Protection Act making flag desecration a federal crime, but the Supreme Court struck down this law in the 1990 case United States v. Eichman.14 Nonetheless, it is both patriotic and respectful to treat the flag in the manner outlined in the Code. The Code further details additional manners in which the American flag should be displayed. Refer to code section 36 U.S.C. §173-178 for a more in-depth manner to display the American flag.

6 Id. 7 Id. 8 See generally, 36 U.S.C. §173. 9 36 U.S.C. §175. 10 Id. at §176. 11 The “FLAG CODE”, United States Code (Feb. 10, 2005), http://www.usflag.org/uscode36.html.12 Id. 13 See generally, 491 U.S. 397 (1989). 14 See generally, 496 U.S. 310 (1990).