National Symbols: Flag Code, Seal & Anthem

Federal law governs the design, display, and use of America's national symbols — primarily through 4 U.S.C. §§ 1–10 (the flag and Great Seal of the United States) and 36 U.S.C. §§ 301–304 (the national anthem, pledge of allegiance, and patriotic customs) — but these laws carry an important constitutional limitation: none of them impose criminal penalties on individuals for disrespectful treatment of the flag or other symbols. The Supreme Court's Texas v. Johnson (1989) and United States v. Eichman (1990) decisions established that flag burning and other symbolic expressions of political dissent are protected under the First Amendment, invalidating earlier state and federal criminal statutes. The U.S. Flag Code (4 U.S.C. §§ 4–10) provides detailed guidelines for flag display — how to fold it, when to fly it at half-staff, that it should not touch the ground, how it should be disposed of — but violations carry no penalties, making them advisory customs rather than legally enforceable rules. The Great Seal (established 1782, codified in 4 U.S.C.) is the official emblem of the federal government, appearing on passports, official documents, and the $1 bill; its use is controlled and unauthorized commercial use is prohibited. "The Star-Spangled Banner" was designated the national anthem by Act of Congress in 1931 (36 U.S.C. § 301), and standing during its performance is a congressional expression of respect — not a legal mandate enforceable against individuals.

Current Law (2026)

Legal Authority

• 4 U.S.C. § 1 — Flag design (13 alternating red and white stripes; union of white stars on blue field; new star added on the July 4th following a state's admission)
• 4 U.S.C. § 3 — Use of flag for advertising (the flag should not be used for advertising purposes; the flag image should not appear on merchandise intended for temporary use)
• 4 U.S.C. § 4 — Pledge of Allegiance ("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" — "under God" added in 1954)
• 4 U.S.C. § 5-10 — U.S. Flag Code (display rules: sunrise to sunset unless illuminated; manner of display at half-staff; conduct during hoisting, lowering, and passing; respect — flag should not touch the ground, be used as apparel or drapery, or be carried flat or horizontally; flag retirement by burning)
• 4 U.S.C. § 2 — Additional stars (a new star is added to the flag on the 4th of July following the admission of each new state)
• 4 U.S.C. § 10 — Modification of rules and customs (the President may modify the flag code rules and customs by proclamation)
• 4 U.S.C. § 41-42 — Seal of the United States (Great Seal design established by law; custody with the Secretary of State; use restricted to authentication of documents)
• 4 U.S.C. § 71-73 — Seat of Government (permanent seat of the U.S. Government is Washington, D.C.; all public offices must be kept at the seat of government unless otherwise authorized by law; removal from the seat of government is prohibited)
• 36 U.S.C. § 301 — National Anthem ("The Star-Spangled Banner" — conduct during playing: stand, face the flag, right hand over heart; military salute)
• 36 U.S.C. § 302 — National motto ("In God We Trust" — designated in 1956)
• 36 U.S.C. § 303 — National floral emblem (the rose)
• 36 U.S.C. § 304 — National march ("The Stars and Stripes Forever" by Sousa)

How It Works

Federal law codifies the nation's most important symbols — the flag, the Great Seal, the national anthem, and the Pledge of Allegiance — and establishes guidelines for their display and use. These laws are unique in American jurisprudence because they set standards of patriotic conduct but, for the most part, cannot be enforced through criminal penalties due to First Amendment protections.

The U.S. Flag Code (4 U.S.C. §§ 4–10) provides detailed guidelines for display, handling, and respect: displayed sunrise to sunset (or 24 hours if illuminated); flown at the highest point when displayed with other flags; not touching the ground or merchandise; worn-out flags destroyed by burning in a dignified ceremony. Critically, however, the Flag Code has no criminal penalties. The Supreme Court held in Texas v. Johnson (1989) and United States v. Eichman (1990) that flag desecration is protected speech under the First Amendment — the Flag Code is advisory, not enforceable through prosecution. The Pledge of Allegiance — written in 1892, codified in 1942, amended to include "under God" in 1954 — similarly cannot be compelled: the Supreme Court ruled in West Virginia State Board of Education v. Barnette (1943) that requiring students to recite the Pledge violates the First Amendment. The "under God" phrase has been challenged under the Establishment Clause and upheld by federal courts on various grounds.

The Great Seal of the United States, adopted in 1782, is the official emblem of the U.S. government. Its obverse — the bald eagle holding an olive branch and arrows, with "E Pluribus Unum" — appears on government documents, military insignia, and the one-dollar bill. Its reverse — the unfinished pyramid with the Eye of Providence and "Novus Ordo Seclorum" — appears on the one-dollar bill and the Seal itself. The Seal is maintained by the Secretary of State and used to authenticate executive documents. The President issues half-staff proclamations to honor deaths of government officials and military members: 30 days for a current or former President; 10 days for a current Vice President, Chief Justice, or Speaker of the House; until burial for other officials. Governors may order state flags to half-staff for state officials and residents of significant public contribution.

How It Affects You

If you display the U.S. flag at your home or business: The Flag Code (4 U.S.C. §§ 5-10) is advisory, not criminal — you cannot be prosecuted for displaying the flag in a way that doesn't follow the code, but the guidelines reflect longstanding tradition. The code specifies: display from sunrise to sunset unless illuminated, with the union (blue field) at the top and to the flag's own right (observer's left when facing the flag); fly at full-staff except when ordered to half-staff; never let it touch the ground. Half-staff protocols are specific: presidential proclamations order flags down for 30 days upon the death of a current or former President, 10 days for the Vice President or Chief Justice, and until burial for other senior officials. When your flag becomes worn or tattered, the preferred method of retirement is burning in a dignified ceremony — the American Legion, VFW, and Boy Scouts conduct flag retirement ceremonies and accept worn flags at their posts; search americanlegion.org for your nearest post.

If you're a student, employee, or parent dealing with Pledge requirements: The Supreme Court settled the compulsion question in West Virginia State Board of Education v. Barnette (1943) — one of the Court's clearest First Amendment holdings — ruling that the government cannot compel citizens to affirm a belief, including by reciting the Pledge or saluting the flag. Any school policy requiring students to stand or recite the Pledge is unconstitutional, regardless of how the requirement is framed. The "under God" language added in 1954 has been challenged repeatedly on Establishment Clause grounds. The most prominent challenge — Elk Grove Unified School District v. Newdow (2004) — reached the Supreme Court, which dismissed the case on standing grounds (the parent challenging the Pledge lacked sufficient custody rights) without resolving the constitutional question. Lower courts have generally upheld "under God" as a form of ceremonial deism rather than religious endorsement, but the question has never been definitively resolved by the Supreme Court.

If you're concerned about flag burning or desecration: The constitutional protection for flag desecration is settled — and was controversial when settled. In Texas v. Johnson (1989), the Supreme Court held 5-4 that burning a flag as political protest is protected speech under the First Amendment. Congress immediately passed the Flag Protection Act of 1989, trying to ban flag burning through statute rather than constitutional amendment, and the Court struck that down too in United States v. Eichman (1990). Congress has since repeatedly proposed a constitutional amendment to allow flag desecration laws. In 2006, the Flag Protection Amendment passed the House and came within a single Senate vote of the two-thirds majority needed to send it to the states — a 66-34 vote, one vote short. Constitutional amendments on the flag continue to be introduced periodically. Short of an amendment, flag burning and desecration remain fully protected under the First Amendment regardless of state or federal statutes.

If you're a business, organization, or designer using national symbols: Federal law restricts unauthorized use of specific national symbols. 18 U.S.C. § 713 prohibits the use of the Great Seal of the United States (the eagle-and-shield design maintained by the Secretary of State) without authorization — using the Great Seal on commercial products or in ways that imply government endorsement can result in criminal penalties. The flag itself has broader commercial uses permitted under the Flag Code's advisory framework, but 4 U.S.C. § 3 specifies the flag should not be used for advertising purposes or appear on merchandise intended for temporary use. In practice, these provisions are rarely enforced criminally — the Flag Code lacks criminal penalties, and the Great Seal prohibition focuses on deceptive endorsement. The national anthem and Pledge text are in the public domain. For organizations that want to incorporate patriotic symbolism, the distinction that matters is: does the use imply government authorization or endorsement? If yes, consult legal counsel before proceeding.

State Variations

• Many states have their own flag desecration laws, but these are unenforceable under Texas v. Johnson and United States v. Eichman
• Some state laws require the Pledge in public schools; these are enforceable only as to offering the Pledge, not compelling participation
• States have their own flags, seals, and symbols governed by state law
• Half-staff orders for state officials are issued by governors

Implementing Regulations

The U.S. Flag Code (4 U.S.C. §§ 1–10) and other national symbol provisions are voluntary guidelines — they carry no criminal penalties and no CFR implementing regulations. The Flag Code's conduct guidelines are advisory.

Pending Legislation

• HR 8150 — Require flag at half-staff on specific spring dates each year. Status: Introduced.
• HRES 737 (Rep. Garbarino, R-NY) — Make SAR Flag national symbol for veteran suicide awareness. Status: Introduced.
• HR 4013 (Del. Norton, D-DC) — Add D.C. Mayor to officials triggering half-staff on death. Status: Introduced.
• HR 1363 (Rep. Davis, D-NC) — Make Honor and Remember Flag official symbol for fallen service members. Status: Introduced.

Recent Developments

• DC and Puerto Rico statehood — 51-star flag designs prepared but not enacted: Congress most recently passed DC statehood legislation in the House (117th Congress) but the bill died in the Senate. Puerto Rico statehood bills have been introduced repeatedly; the Puerto Rico Status Act (which would have created a binding plebiscite) did not advance in the 119th Congress. Should either territory become a state, EO 10834 (1959) mandates a redesigned flag with 51 or 52 stars, effective the July 4 following admission. The Annin Flag Company and military contractors routinely maintain 51-star flag design prototypes. The flag has had 50 stars since July 4, 1960 — a 65-year record of stability.
• Trump administration and the MAGA cultural use of flag symbolism: The Trump 2025 return to power has been accompanied by prominent use of patriotic symbolism — including flag imagery — in ways that heighten legal and cultural questions about the Flag Code's limits. The U.S. Flag Code (4 U.S.C. §§ 1-10) prohibits using the flag for advertising, apparel, and commercial purposes, but the code has no criminal penalty after Texas v. Johnson (1989) rendered flag desecration laws unconstitutional as applied to expressive conduct. Trump campaign and administration flag merchandise (altered flag designs, Trump-branded flag products) occupy the legally unenforceable but technically Code-violating category. The Flag Code is law without teeth — its violations are cultural rather than legal disputes.
• "Under God" in the Pledge — Newdow saga continues in lower courts: Michael Newdow's long-running litigation challenging "under God" in the Pledge of Allegiance (36 U.S.C. § 172) has continued to produce circuit court rulings upholding the phrase as ceremonial deism rather than unconstitutional establishment of religion, following the Supreme Court's dismissal on standing grounds in Elk Grove v. Newdow (2004). State-level challenges to mandatory Pledge recitation have been more varied; some states have faced litigation over opt-out procedures and the social pressure on students who decline to participate. The Ninth Circuit and First Circuit have consistently upheld the Pledge; no Supreme Court merits ruling on the "under God" language has been issued as of 2026.
• Flag Code commercial enforcement — social media and digital display era: The Flag Code's prohibitions on commercial use of the flag predate digital media but remain technically applicable to websites, social media posts, and digital advertising using flag imagery. No federal agency actively enforces Flag Code commercial provisions — enforcement has always been understood as unenforceable post-Johnson — but military services, VA, and patriotic organizations like the American Legion periodically issue guidance on respectful flag display. The rise of AI-generated images and video featuring flag imagery has not triggered any new federal guidance on Flag Code application to digital content.