Use of the US Flag in Advertising is Illegal
Especially since 9/11, the American flag has been plastered on everything from beer mugs to underwear, and seeing people wearing it or in car commercials has become a daily occurrence. But what many have forgotten is that the use of the flag in such contexts is expressly forbidden in official US Flag Code.
That’s right– wearing the flag as a lapel pin might be all right, but the bumper sticker on your SUV or those American flag toothpicks is definitely not kosher according to Uncle Sam.

Above: US Flag Code would not approve of this message
According to the subset of US Code which deals with proper care and use of the American flag, “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.”
Additionally, the code, which was written in the 1920s and adopted in 1942, states, “No part of the flag should ever be used as a costume or athletic uniform.”
Although these federal laws are rarely enforced, they technically can be, with the punishment up to the discretion of individual states (or by the federal government, if the offense is committed Washington, DC). What’s also not common knowledge about proper flag care according to the code is that the proper way to dispose of an old American flag is actually by (wait for it) burning it, though in a “dignified” manner.
Related posts:
- The “States’ Rights” Term Conservatives Frequently Use Has a Dark, Racist Origin
- Nixon was caught on tape saying of his dying troops in Vietnam: “Screw em”
- Lysol Used to be Advertised as a Feminine Hygiene Product and Birth Control
- At One Point in Time, up to 50% of US Dollar Bills Were Estimated to be Counterfeit
- The United States Used to Have More Laws Concerning Margarine than Hate Crimes
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If only its use was policed. The fake patriotism shown in the use of the flag to sell anything dramatically lowers the symbolism of the flag and the real patriotism it engenders.
Hey dork! Get it right.
According to the subset of US Code which deals with proper care and use of the American flag, “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.”
The US code section you refer to only covers the District of Columbia. If you’re going to quote the US Code, at least do it correctly.
Illegal is the wrong word for this offense. While your right that the flag code does exist, there is no punishment that can be handed out for violation. The code states what is good and proper for the use and display of the American flag, including Colors, Banners, and use in conjunction with foreign and state flags, but it is not law. This is precisely why burning the flag in protest, which we have all seen done, is covered by freedom of speech. It’s disrespectful, and a violation of the Flag Code, but not illegal.
You’re both right. Thanks for catching these mistakes. I need to update this post!