Most people know a few flag rules. Never let it touch the ground. Fold it into a triangle. Something about not flying it at night. Past that, it gets fuzzy, and that's where good intentions go wrong.
There is an actual document. It is federal law, it is short, and almost nobody has read it. Here is what it says, in plain language, including the part most people need and cannot find: how to retire a worn-out flag, and where to take it.
What the Flag Code actually is
The U.S. Flag Code is Title 4, Chapter 1 of the United States Code. It was adopted in 1942, drawn from guidance the American Legion and other organizations had assembled two decades earlier.
Now the part that surprises people: it carries no penalty. No fine and no enforcement. The American Legion puts it plainly, describing the Code as not enforceable law but as an outline of "long-standing customs that represent respect for the nation and those who have served it."
That is no accident or oversight. The Supreme Court struck down flag desecration statutes twice, in Texas v. Johnson in 1989 and United States v. Eichman in 1990, holding that burning a flag in protest is expression protected by the First Amendment. What remains is a civil code with no teeth, which is exactly the point. Following it is a choice, not a compliance exercise.
Everything below is what the Code says. Where it uses "should," that is the statute's own word.
When to fly the flag
Section 6 covers timing, and it is more permissive than the folklore suggests.
- Sunrise to sunset is the default, on buildings and stationary flagstaffs in the open.
- Overnight is fine if it is lit. The Code says that when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. A flag under a light is not a violation. A flag left in the dark is.
- Not in bad weather, except when an all-weather flag is displayed. Modern nylon and polyester flags are all-weather flags, so this rule affects fewer people than it used to.
The Code also lists days the flag should especially be displayed. It opens with "on all days," then names New Year's Day, Inauguration Day, Martin Luther King Jr.'s birthday, Lincoln's Birthday, Washington's Birthday, National Vietnam War Veterans Day on March 29, Easter, Mother's Day, Armed Forces Day, Memorial Day at half-staff until noon, Flag Day on June 14, Father's Day, Independence Day, National Korean War Veterans Armistice Day on July 27, Labor Day, Constitution Day on September 17, Columbus Day, Navy Day on October 27, Veterans Day, Thanksgiving, and Christmas.
How to display it
Section 7 is about position, and one principle drives all of it: the flag holds the position of honor.
- With other flags on separate staffs, no other flag or pennant should be placed above the U.S. flag, or to its right on the same level. The one exception written into the Code is during church services conducted by naval chaplains at sea.
- In a row, the U.S. flag goes to the observer's left, which is the flag's own right.
- Flat against a wall or in a window, horizontally or vertically, the union always goes to the top and to the observer's left. This is the one people get backward most often. Turning a flag 90 degrees does not move the stars. They stay upper left from where you are standing.
- In a procession, the flag goes on the marching right, or in front of the center of a line of other flags.
- Never upside down, except as a signal of dire distress in instances of extreme danger to life or property. It is a distress signal, not a political statement, and that is what it communicates to anyone who knows the Code.
Flags on a vehicle
This one matters here, because it is the rule most likely to be broken by people trying to show respect.
The Code is specific. The flag should not be draped over the hood, top, sides, or back of a vehicle. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.
So a flag zip-tied flat to a tailgate or laid across a hood is outside the Code, even if the intent is good. A flag on a proper staff, mounted to the body or the bumper and allowed to fly free, is squarely inside it.
A decal is a different question, and worth separating. A printed flag graphic is a depiction, not a flag. The Code governs the flag itself. That said, one convention has real backing: when a flag appears on the right side of a moving vehicle, the union goes forward, producing the so-called backward flag. That follows military uniform practice and the same position-of-honor logic, showing the flag streaming as the vehicle advances rather than retreating. We covered that in detail in what a backwards American flag actually means.
The things the Code says never to do
Section 8 is the longest part of the Code and the least read. Condensed:
- It should never touch anything beneath it, including the ground, the floor, water, or merchandise.
- It should never be carried flat or horizontally, but always aloft and free. The Code makes a narrow allowance for limited circumstances handled respectfully as part of a military or patriotic observance, which is why the large horizontal flags at stadium ceremonies are not automatically a violation.
- It should never be used as wearing apparel, bedding, or drapery. For patriotic decoration, the Code directs you to red, white, and blue bunting instead, with the blue on top.
- It should never be festooned, drawn back or up in folds, but always allowed to fall free.
- It should never have any mark, insignia, letter, word, figure, design, picture, or drawing placed on it.
- It should never be used as a receptacle for carrying or holding anything.
- It should never be used for advertising purposes, or embroidered on cushions and handkerchiefs, or printed on anything designed for temporary use and discard.
- No part of it should be used as a costume or athletic uniform. The Code makes one explicit exception: a flag patch may be affixed to the uniform of military personnel, firefighters, police officers, and members of patriotic organizations.
- Never dip it to any person or thing.
Half-staff, and how to do it correctly
There is a mechanic here that most people skip. Raise the flag briskly to the peak first, pause, then lower it to half-staff. At the end of the day, raise it back to the peak before lowering it for good. The flag is never simply run up to the halfway point.
On the duration, the Code sets these periods:
- 30 days for the death of a President or former President.
- 10 days for a Vice President, Chief Justice or retired Chief Justice, or Speaker of the House.
- From death until interment for an Associate Justice, a Cabinet secretary, a former Vice President, or a state governor.
- The day of death and the following day for a member of Congress.
- Memorial Day, half-staff until noon, then raised to the peak for the rest of the day.
Other half-staff observances come by presidential proclamation or by order of a state governor, which is why the dates move from year to year. To fly yours correctly, the White House and your governor's office both publish proclamations as they are issued.
How to retire a worn flag
This is the question people actually search for, and the Code answers it in a single sentence. Section 8, subsection (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."
That is the whole statutory instruction. Everything else about flag retirement is custom built on top of it, which is why practice varies.
When a flag is done
There is no mileage figure. The test in the Code is whether it is still "a fitting emblem for display." In practice, that means heavy fading, fraying along the fly end, tears, or staining that will not wash out. Small tears can be repaired, and a repaired flag is perfectly legitimate to keep flying. A flag that has gone pink and shredded is not.
Where to take it, which is the easy answer
You don't have to do this yourself, and most people shouldn't. These organizations accept worn flags for proper retirement, usually at no cost:
- American Legion posts. The Legion conducts formal Unserviceable Flag Ceremonies and is the most common drop-off in most towns.
- VFW posts, which run the same kind of ceremony.
- Scouting America troops, formerly the Boy Scouts. Flag retirement is a long-running part of the program, and many troops hold public ceremonies.
- Fire departments. Many will accept flags and retire them, though this varies by department, so call first.
- Elks lodges, some municipal offices, and some VA facilities.
Many posts hold their ceremonies around Flag Day, June 14, and collect flags in the weeks beforehand. If you have one to retire and no hurry, that is the natural time.
If you retire it yourself
Doing it at home is entirely acceptable. The Code asks for dignity, not a permit.
- Fold the flag, traditionally, into the triangle with only the blue field showing.
- Build a fire large enough and hot enough to consume it completely. A fire that scorches a flag and leaves most of it is worse than not starting.
- Place the flag on the fire. Those present may salute, recite the Pledge, or observe a moment of silence. There is no required script.
- Let the fire burn out, then bury the ashes.
Check your local rules first. Open burning is restricted or banned outright in a lot of places, and burn bans during fire season are common across the West and Southeast. A ceremony that starts a wildfire honors nothing.
The nylon question, honestly
Here is a real wrinkle the 1942 Code never anticipated. Flags then were cotton and wool. Most flags today are nylon or polyester, and burning synthetic fabric releases fumes you shouldn't stand over.
The Code does not distinguish by material, and the American Legion's position is that burning remains the preferred method regardless. Other organizations now favor respectful burial, or hand flags to recycling programs that separate the material and retire the union separately. Both are defensible. What matters is the standard the Code sets, which is dignity and complete destruction rather than a specific chemistry.
What not to do
Do not put a flag in the household trash. That is the one universally agreed wrong answer, and it is the fate of most worn flags in this country. Dropping it at a Legion post takes five minutes and costs nothing.
What to do when the flag passes
Section 9 covers conduct during hoisting, lowering, or when the flag passes in a parade or review.
Anyone present in uniform renders the military salute. Members of the Armed Forces and veterans who are present but not in uniform may also render the military salute, a change many people still have not adopted. Everyone else faces the flag and stands at attention with the right hand over the heart, removing any headwear with the right hand and holding it at the left shoulder. Citizens of other countries stand at attention. In a moving column, you render it as the flag passes you.
Flag imagery is not the same as a flag
Worth addressing directly, because the Code's language about advertising and markings gets quoted at people who are displaying a design rather than a flag.
The Code governs the flag itself, an actual flag of the United States. A patriotic graphic, a subdued flag patch, a painted mural, a printed cover are depictions. They are not flags, and the Code's prohibitions on marking and draping do not reach them. If they did, every police patch, every service academy crest, and every commemorative coin would be a violation.
That does not mean anything goes. The better test is the one behind the whole Code: does this treat the flag as a symbol worth respecting, or as a disposable pattern? A faded stars-and-stripes print on something built to be thrown away sits badly with most veterans. A well-made design that someone chooses deliberately and keeps for years does not.
This shop is veteran-owned, which is why we bother drawing that line carefully rather than ignoring the Code or pretending it says something it does not.
The short version
Light it or lower it. Union to the top and to the observer's left, always. On a vehicle, fly it from a staff rather than draping it. Peak first, then half-staff, then peak again before it comes down. And when it is worn out, take it to a Legion or VFW post instead of the trash.
If you want more on the flags that show up at trailheads and on tailgates, we have written about what the colored lines on the American flag mean and the history of the Gadsden flag.
Frequently asked questions
Is the U.S. Flag Code actually a law?
It is federal law, Title 4 Chapter 1 of the United States Code, but it carries no penalty and no enforcement mechanism. The Supreme Court struck down flag desecration statutes in Texas v. Johnson in 1989 and United States v. Eichman in 1990, holding that such expression is protected by the First Amendment. The Code sets a standard of respect rather than a rule anyone can be punished for breaking.
Can you fly the American flag at night?
Yes, if it is properly illuminated during the hours of darkness. The Code sets sunrise to sunset as the default for buildings and stationary flagstaffs, and permits 24-hour display when a patriotic effect is desired and the flag is lit. An unlit flag left out overnight is what falls outside the Code.
How do you dispose of an American flag?
The Code says a flag that is no longer a fitting emblem for display should be destroyed in a dignified way, preferably by burning. The simplest route is to drop it at an American Legion post, a VFW post, a Scouting America troop, or many fire departments, all of which retire flags at no cost. Many posts hold ceremonies around Flag Day on June 14.
Can you burn a nylon flag?
The Flag Code does not distinguish by material, and the American Legion holds that burning remains the preferred method. Because most modern flags are nylon or polyester and give off fumes, some organizations now prefer respectful burial or a recycling program instead. The standard the Code sets is dignity and complete destruction, not a particular material.
Which way should the flag face on a vehicle?
The Code says the flag should not be draped over the hood, top, sides, or back of a vehicle, and that when displayed on a motorcar the staff should be fixed firmly to the chassis or clamped to the right fender. For a flag graphic on the right side of a vehicle, the convention is to put the union forward, matching military uniform practice, so the flag reads as advancing rather than retreating.
What do the half-staff rules say?
Raise the flag briskly to the peak, pause, then lower it to half-staff, and raise it to the peak again before lowering it for the day. The Code sets 30 days for a President or former President, 10 days for a Vice President, Chief Justice or Speaker, from death until interment for an Associate Justice, Cabinet secretary, former Vice President or state governor, and the day of death plus one for a member of Congress. Memorial Day is half-staff until noon only.
Can the flag be used on clothing or merchandise?
The Code says the flag should never be used as wearing apparel, bedding, or drapery, or for advertising purposes, and that no part of it should be used as a costume or athletic uniform. It makes an explicit exception for a flag patch on the uniform of military personnel, firefighters, police officers, and members of patriotic organizations. Those rules address an actual flag. A printed design inspired by the flag is a depiction rather than a flag, so patches, crests, and commemorative imagery are not treated as violations.
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