[CultureGeek]

This question's been bugging me, mostly because I don't like not knowing stuff, and I think someone here would know.

Okay, I know a flag is not supposed to be "wearing apparel" but does that apply to lapel pins? I mean, uniforms are allowed to include flag patches but it doesn't say anything about jewelry that I've found. I might have missed it or something, though.

And what about the lapel pins with a US flag and another flag, these... I think I've heard them called "friendship pins"... that I've seen in DC? Is that appropriate and how many of them are displaying the flags in flag-code appropriate fashion? Which side should the US flag be on?

Now that I'm thinking of it, what about signs and bumper stickers for political candidates. Some of those have the flag on them as well. Are those really an appropriate use of the flag? I don't think any party or candidate particularly has a monopoly on patriotism; to my mind what matters is that you vote, not how you vote.

[american_flag_uk]

pins are fine to be worn and dont constitute as wearing the flag. same goes for t shirts and clothes with a picture of the flag on it- so long as they are not made forom a real flag. .pins are usually over the left side lapel of a jacket... i have about 20 flag pins that ive worn all at once or 1 or 2 at a time on my t-shirt. i dont have anythng with lapels on!
notice the president usually wears one.

which side does the US flag go on dual nation flag pin? the same as if these 2 flags were real... the US flag on its own right which equals the left side of the pin.
i have a dual nation UK and USA pin but on mine the Union flag is to the left- but i bought the pin in England - so that is the correct way round for me as an english person in england. i intend on gettin a pin with the 2 pflags the American way rond aswell though.

as far as bumper sticksers ar concerned in my mind there nothing wrong with sticksers of the US flag either alone or with slogans such as 'these colors dont run' under them
i dont asee a problem for the flag or its colors being used to get people to vote as long is not for a particular person... theres nothing wrong with one saying dont forget to vote' or 'your vote is needed' or 'vote 2008' on but i do have a problem with those which advertise a particular person because its like saying that particular person is more patriotic than the opponents.

[Peter Ansoff]

Okay, I know a flag is not supposed to be "wearing apparel" but does that apply to lapel pins? I mean, uniforms are allowed to include flag patches but it doesn't say anything about jewelry that I've found. I might have missed it or something, though.

Many people seem to get confused about this issue. Here is what the flag code actually says:

"(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart."

The clear intent is that actual flags, and parts of flags, should not be cut up and used as clothing. It does not say that there's anything wrong with a depiction of a flag on a T-shirt, or with clothing that is decorated with stars or stripes (cf Uncle Sam!). There is also some language about this in Section 3 of the code, but that provision is 1) only applicable in the District of Columbia, and 2) would almost certainly be ruled unconstitutional if it were ever invoked.

With respect to patches, the practical definition of a "patriotic organization" seems to be any organization that wants to show its affiliation with the USA. This includes scouting organizations, sports teams, etc. Again, this is not inconsistent with the above paragraph. A flag patch is not a "part of the flag."

what about signs and bumper stickers for political candidates. Some of those have the flag on them as well. Are those really an appropriate use of the flag?

In the 19th century, it was common for political campaigns to use US flags that had the names and slogans of the candidates written on them. This was one of the things that originally spurred the anti-flag-desecration movement (the other was the use of the flag in commercial advertising which, ironically, is very common today). All political candidates like to "wrap themselves in the flag." Whether that's appropriate or not is a matter of opinion.

The only objection that I can see to flags on bumper stickers is that they tend to become dirty and faded. Similarly, I've always been surprised that there are not more complaints about the use of the US flag on postage stamps, where they are routinely defaced.

Peter Ansoff

[CultureGeek]

Message delayed b/c I tried to post it on Friday before leaving and it didn't go through.

Hmm... see my post on wearing apparel for more questions on the tee shirt issue. I think I'm going to have to revisit that in light of the information you have provided; thank you for the info. I'll re-read the flag code and see what I think.

Now, the one thing that is confusing is precedent and it's a poser that you might be able to help me clear up:

Abby Hoffman was arrested for wearing a flag shirt in, if I recall correctly, 1968. I read that the conviction was overturned but I don't know if it was on Constitutional grounds or other grounds. The Supreme Court did rule the Flag Code unConstitutional in 1989* so it seems like the conviction might have been overturned on other grounds but I cannot find the appeal. I would love to read it, though.

Wikipedia says Hoffman's shirt was a violation of the flag code. Now, they might be wrong; I'd certainly be interested to read the decision overturning Hoffman's conviction for the flag shirt and, if you can find the decision, you can cite it and update the Wikipedia article.

I thought I remembered something about lapel pins. So I didn't hallucinate that. Thanks. What about the lapel pins with a slogan? It says no slogans but that's for flags. But then it's got that thing with the logos. Another interpretation question that might be fun to explore.

How you feel about the bumper stickers is about how I feel except I think that any slogan is kind of inappropriate. Which, of course, doesn't mean it should be banned, just that I don't approve.

*I do think that it makes sense as etiquette, making questions over whether or not something follows it still worth discussing.

[Peter Ansoff]

Abby Hoffman was arrested for wearing a flag shirt in, if I recall correctly, 1968. I read that the conviction was overturned but I don't know if it was on Constitutional grounds or other grounds.

Hoffman was convicted for violating the 1968 Federal Flag Desecration Law. His conviction was overturned by the District Court on the basis that "the plain fact . . . that the shirt was not a flag." This was not actually a correct interpretation of the law; its definition of a flag included "any picture representation of [a flag] or any part or parts [of a flag]." The law itself was overturned by the Texas vs. Johnson Supreme Court decision in 1989.

The Supreme Court did rule the Flag Code unConstitutional in 1989

Again, the 1989 decision had nothing to do with the flag code. It overturned a Texas state law on flag desecration (and, incidentally, the 1968 Federal law). The flag code was, and is, a set of voluntary guidelines and was not affected by Texas v. Johnson.

Note that there were actually two Supreme Court decisions dealing with this issue. After Texas vs. Johnson, Congress passed the "Flag Protection Act" of 1989. The Supreme Court overturned that law in US vs. Eichman in 1990. Since then, those who want to outlaw flag desecration have pushed for a constitutional amendment that would trump the Supreme Court decisions.

Peter Ansoff