WASHINGTON — In celebration of July 4, we’ll be seeing plenty of stars and stripes, but could wearing the look actually be crossing a line?
THE QUESTION:
Are American flag-branded or printed items a violation of flag code?
THE SOURCES:
THE ANSWER:
The code has been interpreted to mean different things, but even clear violations aren’t punishable by law.
WHAT WE FOUND:
Many Americans wear their patriotism on their sleeves—sometimes, literally. For some, extensive flag-inspired décor and apparel is a sign of love of country, but for others, a sign of disrespect.
When it comes to clothing, the flag code states: “The flag should never be used as wearing apparel, bedding, or drapery” and “No part of the flag should ever be used as a costume or athletic uniform.” (You can read the entire flag code here.)
But not everyone interprets that the same way. For example, the American Legion understanding is that only means an actual flag can’t be used to make clothing, and that stars and stripes patterns are a good way to show someone’s patriotism.
“What they're talking about is you're not supposed to cut a flag up and make a pair of pants out of it,” explained Peter Ansoff, past president of the North American Vexillogical Association.
The flag code also references disposable items—paper napkins, for example–as items upon which the flag should never be “printed or otherwise impressed upon.”
“I think the logic there is, the flag is a symbol of the country. You don't want to see dirt smeared all over it or mustard from your hotdog spilled on it, or things like that,” said Ansoff.
At the end of the day–July 4 or any other–-the flag code is technically federal law, but lacks enforcement mechanisms.
"The flag has always been a popular image; the concern about that kind of thing started around the turn of the 20th century, and the original concern was the use of the flag and advertising and things like that," said Ansoff. "You saw it used advertising for beer and all kinds of stuff like that--condoms, you know. And that's where the notion that we have to have some sort of code or something that explains how people should should treat the flag."
A Congressional Research Service report on the topic defines the code as a set of guidelines that are “declaratory and advisory only.”
There is an old law on the books making it a misdemeanor offense to sell American-flag themed items within Washington, D.C.– but any stroll through a souvenir shop or past gift stands near the Mall are proof that it’s not ever been enforced.
“There's no flag police out there that's going to come after you if you don't obey it," said Ansoff. “It usually comes down to what’s respectful and what's not. And the answer is respectful is in the eye of the beholder.”