Do I HAVE to fly my US flag at half staff?

[Mr.Blue_Sky]

All this week, US flags are being flown at half-staff in honor of Ronald Reagan.

If I have a flagpole on my property and I normally fly a US flag, am I in any way REQUIRED to fly it at half staff?

I’m sure I’d get a LOT of dirty looks, comments, and even potential vandalism.

[pravnik]

Required in what way? You couldn’t be fined or arrested, if that’s what you mean.

[clairobscur]

Not an answer, but a question :
Would you expect a lot of dirty looks and comments if you fly it at half staff, or if you don’t?
Also, why, exactly?

[Revtim]

That would be pretty gross violation of free speech, to force people to fly flags in particular manners. I hope there’s no law, but stranger laws have been passed.

[pravnik]

Right now U.S. flags are supposed to be flown at half mast in honor of President Reagan’s death, clairobscur. Not doing so would probably be seen as disrespectful.

[Tapioca_Dextrin]

@pravnik

Right now U.S. flags are supposed to be flown at half mast in honor of President Reagan’s death.

The requirement only apples to Government flags. Certainly Federal govt, and it’s the case in Texas (for one). The position of private flags would surely be protected under the first amendment.

[Jodi]

Am I in any way REQUIRED to fly it at half staff?

No.

And if I saw your flag at full staff, I would assume you didn’t know about the decree to fly it half staff. That would seem to me more likely than that a person who is of the type to fly an American flag in the first place, would nevertheless use the flag to put his or her thumb in the eye of a dead president.

[Mr.Blue_Sky]

@clairobscur

Not an answer, but a question :
Would you expect a lot of dirty looks and comments if you fly it at half staff, or if you don’t?
Also, why, exactly?

What pravnik said, pretty much.

This could turn into a debate, but this is not the place. Just asking from a legal standpoint.

[Mr.Blue_Sky]

@Jodi

No.

And if I saw your flag at full staff, I would assume you didn’t know about the decree to fly it half staff. That would seem to me more likely than that a person who is of the type to fly an American flag in the first place, would nevertheless use the flag to put his or her thumb in the eye of a dead president.

If I wanted to show some sort of disdain for the president, I would likely not fly the flag at all until after the funeral.

[Lambo]

@Tapioca Dextrin

The requirement only apples to Government flags. Certainly Federal govt, and it’s the case in Texas (for one). The position of private flags would surely be protected under the first amendment.

This article I read this morning indicates that, at least according to the former American Legion commander quoted, businesses and private individuals are not under an obligation to fly flags at half staff. I mean, he doesn’t sound definitive, but I think he’d probably know his stuff.

[Exapno_Mapcase]

The Flag Code is part of U.S. law (4 US Code 1), but it effectively is procedural only, not mandatory. This site says:

While the Code empowers the President of the United States to alter, modify, repeal or prescribe additional rules regarding the Flag, no federal agency has the authority to issue ‘official’ rulings legally binding on civilians or civilian groups.

Or - reading between the lines at that site - If they can’t prevent you from burning the flag, they can’t force you to do anything either.

The section on flying the flag at half-staff reads:

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. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff 30 days from the death of the President or a former President; 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 Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day.

[Mehitabel]

I used to work for a government office that received a lot of flag questions, and we used a brochure prepared by the Legion.

Basically, private homes and businesses that fly the flag are expected, as a matter of etiquette, to follow what government buildings are doing, but it’s in no way mandatory. And if you have a reason for half-staffing your own flag (your veteran Dad died, or a favorite old Congressman, or an employee of your company) you can do so at any time for as long as you want. So, if you want to make a point, feel free to do so, but crochety old Legionnaires have to been known to call up such ‘malefactors’ and harangue them about this. And that’s legal too

[Billdo]

Since the U.S. Supreme Court says you can legally burn your flag with impunity, it follows that you can fly it any damn way you please. Upside down, sideways, half-staff, full-staff, legally the U.S. Constitution which it represents lets you do it.

The President has the authority to order flags flown at half-staff at all federal facilities (except naval and maritime facilities, where they would be flown at half-mast). Though not required, it is a matter of proper flag etiquitte for private individuals to follow the President’s direction with their own flags.

[wolf_meister]

I would assume the one manner you could not fly the flag is with the “union side” down. (or upside down). Flying the flag in that manner (as almost all SDMBers would know), is a distress signal and if you have no dire need to indicate such an occurrence, technically, couldn’t you be in violation of the law?

[Shodan]

(sticking firmly to GQ territory) -

If you wish to fly your flag at half-staff, but are prevented from doing so by the structure of the flag and flagpole, it is correct to add a black ribbon to the flag and fly it otherwise as normal. The black ribbon should be equal in width to one of the red or white stripes on the US flag. This is what I am doing.

AFAIK, you cannot be obliged legally to fly your flag at half-staff. Flying a flag upside-down is a distress signal, but I doubt (as a practical matter) that you would be penalized in any way for employing it as a form of symbolic speech.

I have no opinion on the ethics of declining to honor a former President at his death.

Regards,
Shodan