Hey there, it’s Kevin again.
This is the part that makes a lot of people uncomfortable, including me.
A lot of folks talk about the “Flag Code” like it’s a set of hard laws. They’ll point to it when they see a flag left out in the rain, or worn as clothing, or handled carelessly, and say, “That’s illegal.” The truth is more complicated — and more important to understand if we actually care about the flag and what it stands for.
The Flag Code is a standard of respect. It is not a criminal statute for private citizens.
What the Flag Code actually is
The United States Flag Code (found in Title 4 of the U.S. Code) is a set of guidelines for how the flag should be displayed, handled, and respected. It was put into law by Congress in 1942 to create a uniform standard. It covers things like when to fly the flag, how to position it with other flags, how to fold it, and what not to do with it.
Here’s the key point most people miss: the Flag Code is almost entirely advisory. It uses words like “should” instead of “shall.” It does not carry criminal penalties for private citizens who fail to follow it. There is no flag police. You won’t get arrested for leaving your porch flag up overnight without a light, or for wearing a flag T-shirt, or for displaying it in a way the Code doesn’t recommend. Federal and military facilities are expected to follow it more strictly, but for everyday Americans, it’s guidance, not enforceable criminal law.
That doesn’t mean the Code is meaningless. It’s a statement of respect and tradition. A lot of us choose to follow it because we believe the flag deserves that level of care. But treating it like a criminal statute creates confusion and sometimes distracts from the bigger issues.
The Court drew the line in Texas v. Johnson and United States v. Eichman.
Flag burning and the First Amendment
This is the part that hits hardest for many veterans.
Burning the American flag as a form of political protest is protected speech under the First Amendment. The Supreme Court ruled on this in Texas v. Johnson in 1989, and reaffirmed it the next year in United States v. Eichman. The Court held that the government cannot ban the desecration of the flag when it is done as symbolic expression, even if most people find it deeply offensive.
I disagree with that ruling in my gut. I don’t want to see the flag burned. Not in front of me. Not as a political stunt. Not as a middle finger to the country or to the people who served under it. It turns my stomach. I’ve seen what that flag has meant to men and women who never came home, and to the families who folded it and took it home. Watching someone set it on fire as a statement feels like a punch to the chest.
Protected speech and a hard thing to watch are not the same thing.
But here’s the hard part of living in a free country: the same Constitution that protects my right to honor the flag also protects someone else’s right to protest with it — even in ways I find repulsive. The Court has been clear that the government doesn’t get to silence expression just because it offends the majority. That’s the trade-off.
You can still criticize the act. You can still say it’s wrong. You can still refuse to support or platform people who do it. What you generally cannot do is have the government throw them in jail solely for the act of burning the flag as protest. (Stealing someone else’s flag to burn it, or burning it in a way that creates a public safety hazard, is a different story — those can still be crimes.)
Where that leaves us
The Flag Code tells us how we should treat the flag. The Constitution tells us what the government cannot ban. Those two things exist side by side, and the tension between them is real.
I follow the Flag Code because I respect what the flag represents. I will never burn one, and I don’t want to see it done in front of me. At the same time, I understand that the legal right to do so exists, even when I strongly disagree with the choice.
Respect for the flag is strongest when it’s voluntary — when people choose it because they believe in it, not because the government forces them. That’s the line we walk.
Next time we’ll look at wearing the flag on clothing, jerseys, and patches — what’s respectful, what crosses the line, and how the Code and real-world practice don’t always match.
Thanks for reading.
Kevin Laughrin
Medically retired LSSN, VFA-103 “The Jolly Rogers”
Marketing and Communications Director at Veteran Valor Coffee
www.veteranvalorcoffee.com
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