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About The U.S. Flag

By Luis Arellano, III

Copyright © 1996, 2000  Luis Arellano, III. All rights reserved.

Publicity  surrounding  flag burning incidents  may  mislead people  into  believing  that the flag should never  be  burned. Actually, according to Public Law 829, Section 4, paragraph (j): "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 offensiveness of burning a flag only comes from the manner and circumstance surrounding the burning.

There is one particularly offensive practice which I feel needs  to be  stopped.  Years  ago,  some of our competing athletes started  a nationwide trend  of wearing  flag-like apparel. It began with an emotional scene  in which someone in the audience put a large, flowing flag over the shoulders of  one of our most famous female  skaters,  who  then trailed it cape-like in her victory lap around the rink. It left such an impact that before long the flag was being  incorporated into the design of team uniforms.

The garment industry picked up on the idea and began marketing  a  variety of clothing based on the flag design,  including such inappropriate things as underwear and shoes.  

Although  everyone undoubtedly feels they are promoting  patriotism, both the manufacturers and the wearers are violating  Public Law 829, "The Code of Flag Display and Use," approved by a  Joint Resolution  of Congress on December 22, 1942. Section  4,  Paragraph (i) states, "The flag should never be used...as any portion of a costume or athletic uniform."

This  law needs some publicity, and the media itself,  especially the Sports Departments, should become more actively conscious of it. When possible, broadcasters need to inform athletes and team managers of this code of use beforehand, to ensure  that  disrespectful use of the flag does not occur and is not broadcast in a way that implies approval.

Public  Law  829 contains a few other  interesting  things.  For example:

Much of Public Law 829 is based on custom. One of those  customs has been changing: the flag is not supposed to fly at night or in inclement weather. I get a good feeling whenever I see  it fly,  so  I don't personally object to seeing it fly at night. The  tradeoff  is that perhaps out of laziness, the flag is not being accorded the respect that proceeds from a daily raising and lowering ceremony.

• "The flag should never be flown with the union down save as  a signal of dire distress."
  
  
• The flag should be hoisted briskly and lowered ceremoniously.
  
  
• In a parade, the U.S. flag is always to the  marching  right, that  is, the flag's own right, of any other flags, or it can  be by itself, centered ahead of a line of other flags.
  
  
• Even though it may look nice in a parade when angled, it  must always be carried upright and should never be dipped, even if the other  flags in the procession are dipped. I have seen the  flag tipped uncountable times out of simple ignorance, even by college marching bands and VFW honor guards.
  
  
• If parade day is windy, the flag will flap all over the  place, often into the face of the bearer, who will want to use one  hand to  hold  the trailing edge against the standard.  However,  the flag  is not supposed to be restrained - it should be allowed  to flow freely whichever way the wind takes it. A good flag  bearer will simply tolerate it with as much dignity as possible.

In  case  anyone wonders if they will be fined or jailed  for  an infraction:  Apart  from  the armed services, compliance  with Public  Law 829 is chiefly voluntary, as there are  no  penalties provided for violations.  

Exact  interpretation  of  the law is left  to  the  individual's conscience  and  good  judgment. Note that our astronauts  and military  personnel  customarily wear the flag in the form  of  a modest  shoulder patch, which has always been considered in  good taste.

I  have seen a few marching band shows, in which the color  guard ran  across  the field, unfurling a giant flag  above  the  whole band.  The idea is great and the impact is very emotional.  The key  is  that the flag should always be handled in  a  respectful manner before, during and after the display, bearing in mind that our flag is theoretically never supposed to touch the ground.

• My son, David read this item.  Halfway through it he remarked, "I didn't know you were so patriotic, Dad.  You should file a complaint."  I said, "Unfortunately there are no penalties prescribed by the law.  But that's what I struggled and fought for in the Navy, in those submarines.  All those sirloin steak meals... and baked Alaska...  it was Hell."

Revised: February 06, 2008 22:29