wearing the american flag as clothing
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United States Flag Code
The United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. It is Chapter 5 of Title 4 of the United States Code (4 U.S.C. § 5 et seq). This is a U.S. federal law, but only suggests voluntary customs for handling of the American flag and was never intended to be enforceable.[1] The code uses non-binding language like “should” and “custom” throughout and does not prescribe any penalties for failure to follow the guidelines.[2]
Separately, Congress passed the Flag Protection Act of 1968 (amended in 1989) (18 U.S.C. § 700), a since struck-down criminal statute, which prohibits mutilating, defacing, defiling or burning the flag. Although it remains part of codified federal law, it is not enforceable due to the Supreme Court of the United States finding it unconstitutional in United States v. Eichman.[3]
Additionally, the public law which includes the Flag Code (Pub. L. 105–225), addresses conduct when the U.S. National Anthem is being played while the flag is present. That law suggests civilians in attendance should face the flag “at attention” (standing upright) with their hand over their heart.
What’s the Deal with American Flag Fashion?
Every year, right around this time, we find ourselves asking the same question: Why are we Americans so enamored, maybe even obsessed, with American flag clothing?
At this point you’ve probably seen a good number of people walking around with American flag T-shirts, shorts, and bathing suits. But you can also buy flag overalls, stilettos, and cowboy hats featuring the stars and stripes. (Maybe don’t wear all three at the same time.)
This fascination with all things red, white, and blue is of course most pronounced in the month between Memorial Day (the last Monday in May) and the Fourth of July, but if you pay attention you can observe it all year round. The flag is just a symbol made physical with fabric, yet it manages to both inspire and divide, particularly when it comes to clothing.
The tug-of-war between patriotism and nationalism
This year, tired of wondering why anyone would wear a flag like a cape, we decided to take a look at the history of flag clothing and the social and political implications that come along with it, including the tug-of-war between patriotism and nationalism.
Marc Leepson, the author of Flag: An American Biography, summed up our motivations when he observed that “there is something off-kilter about revering the ideals that our flag embodies, attempting to ban its destruction, then using it as a political club or sitting down in a flag-patterned lawn chair, tucking into red-white-and-blue-frosted cupcakes and dabbing our mouths with a Stars and Stripes napkin.”
A brief history of flag clothing
Rocking flag gear like shorts, swimsuits, and sunglasses is a relatively new phenomenon. It’s also one that’s woven into U.S. politics and business.
When the first versions of the flag were flown in the late eighteenth century, it was mostly for military purposes, reported Julissa Treviño in her brief history of American flag attire for Racked. And it wasn’t until after the Civil War that it became a more common item. By the late 1800s, new printing technology brought a wave of patriotic advertisements and goods for sale.
The flag began taking center stage at political rallies and appearing on items like beer bottles and soup cans. But it was not until the 1950s that it became popular to wear the flag (with the exception of on the Fourth of July), likely due to U.S. involvement in Korea and Vietnam, which people supported and protested by donning the stars and stripes.
Old Navy
More recently, designers like Ralph Lauren and Tommy Hilfiger have frequently made use of the flag to inspire their clothing lines, and Old Navy has made its annual Fourth of July flag shirt a summer staple. Following 9/11 a number of celebrities, including Madonna, wore the flag as a sign of support and solidarity. Today, apparel websites like Shinesty have devoted entire sections to flag-inspired clothing.
“From ski suits in the winter to swimsuits in the summer, we have a cataclysmic sensory overload of everything kick-ass and awesome about American Flag Clothing,” the website screams. “We’re talking fireworks going off during the middle of a Freebird solo with flocks of bald eagles mating as you eat a funnel cake covered in maple bacon by the handful.”
4 U.S. Code § 8 – Respect for flag
No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.
(a)
(b)
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(i)
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Is It Okay to Wear Clothes Showing the American Flag?
It’s not uncommon for clothes sold in the United States, as well as other countries, to feature the American flag. You can find t-shirts, sweaters, jackets, hoodies, pants and even shoes designed with images of the American flag. These patriotic clothes are particularly popular around Independence day, but they are sold and worn during all months of the year. Considering the wording used in the U.S. Flag Code, however, you might assume that it’s not acceptable to wear clothes showing the American flag.
What the US Flag Code Says About Wearing Clothes With the American Flag
The U.S. Flag Code, which contains legal requirements regarding the use, display, storage and retirement of the American flag, contains a section in which it discusses apparel. In this section, the legislation states that the American flag should never be worn as apparel, bedding or drapery. It also states that the American flag should never be used as part of a costume or athletic uniform.
Why It’s Okay to Wear Clothes Showing the American Flag
Based on this information, many people wrongfully believe that it’s not acceptable — or even illegal — to wear clothes showing the American flag. However, this isn’t the case. It’s perfectly acceptable to wear clothes showing the American flag as long as the clothes aren’t actually made of an American flag or part of an American flag.
Is it okay to wear the American flag as clothing?
I feel like I’ve heard conflicting information my whole life and being that I’m an etiquette instructor who teaches flag etiquette, I wanted to have good info to teach my students so I did some research and I think I’ve come to a conclusion. Here’s my take on it:
The US Flag Code states “The flag should never be used as wearing apparel, bedding, or drapery.”
I take that to mean THE FLAG should never be used as clothing. Meaning don’t wear an actual flag around your shoulders or tied around your body. I tend to think that clothes with a flag printed on them or clothes with red, white, and blue patterns are fine to wear.
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