Federal Laws

There is no Federal law now in force pertaining to the manner of displaying, hanging, or saluting the United Stales flag, or prescribing any ceremonies that should be observed in connection therewith. There are but four Federal laws on the statute books that have any bearing upon this subject: (1) The act of Congress approved February 20, 1905, providing that a trade-mark can not be registered which consists of or comprises "the flag, coat of arms, or other insignia of the United States. or any simulation thereof." (2) A joint resolution of Congress approved May 8, 1914, authorizing the display of the flag on Mother's Day. (3) The act of Congress approved February 8, 1917, providing certain penalties for the desecration, mutilation, or improper use of the flag within the District of Columbia. (4) The act of Congress approved May 16, 1918, providing, when the United States is at war. for the dismissal from the service of any employee or official of the United States Government who criticizes in an abusive or violent manner the flag of the United States. Several States of the Union have enacted laws which have more or less bearing upon the general subject, and it seems probable that many counties and municipalities have also passed ordinances concerning this matter to govern action within their own jurisdiction. No present Federal statute punishing the desecration or abuse of the flag, in time of peace or in time of war. - Attorney General John G. Sargent A majority of States have passed acts designed to punish the desecration of the National flag and to prevent its use for advertising purposes. The constitutionality of such State legislation was upheld by the Supreme Court in Halter v. Nebr., 205 U. S. 34. There is a Federal statute similar in terms to many of the State laws which punishes the improper use of the flag in the District of Columbia - act February 8, 1917, chapter 34 (39 Stat. 900), but there is no Federal enactment which punishes such use outside the District.