Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
What topics do you want addressed by Judge Latwin? Tell us.
By Joe Latwin
It’s a grand old one
There are laws for everything – including the U.S. flag. 4 U.S. Code sets forth the flag code.
The code begins with a description of the flag – 13 horizontal stripes, alternating red and white, and the union of the flag (the upper corner) has white stars on a blue field. It also provides for additional star to be added on the next July 4 after a new state is admitted.
Anyone in the District of Columbia (do the rules apply outside of D.C.?) who exhibits or displays a flag with any word, figure, mark, picture, design, drawing, or any advertisement of any nature on it or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or placed a representation of any flag is guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both. So much for wearing flags as clothing.
It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness. The flag should be hoisted briskly and lowered ceremoniously. The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed.
The flag should be displayed on holidays. It should be displayed daily on or near the main administration building of every public institution and at or near every polling place on election days. The flag should be displayed during school days in or near every schoolhouse.
The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag’s own right, or, if there is a line of other flags, in front of the center of that line. It should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.
No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America. No person shall display the flag of the United Nations (except at the headquarters of the United Nations) or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States.
When displayed with another flag against a wall from crossed staffs, should be on the right, the flag’s own right, and its staff should be in front of the staff of the other flag. When in a group of flags, the U.S. should be at the center and at the highest point of the group. When the flags are flown from adjacent staffs, the U.S. flag should be hoisted first and lowered last. When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.
When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half-staff. When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag’s own right, that is, to the observer’s left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.
When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.
When used on a speaker’s platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman’s or speaker’s right as he faces the audience. The flag should never be used as the covering for the statue or monument.
The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. The President, as a mark of respect to their memory may order the flag to be flown at half-staff for officials or foreign dignitaries. If a present or former official of the government of any State of the United States, or member of the Armed Forces dies while serving on active duty, the Governor may authorize thee flag to be flown at half-staff. The flag must be flown at half-staff 30 days from the death of the President or a former President and 10 days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the high-ranking federal officials. When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.
The flag should not be dipped to any person or thing. The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. Tag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. 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 flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning
During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes.
As my Grandfather, Charles Cypher, son of a civil war veteran would say: ” You display the flag like you would read a newspaper” That is, Union to the left., vision moving toward the right, whether the flag is displayed horizontally, or vertically.