2

If I understand the US Flag Code correctly, it is a federal law which prohibits certain actions, but does not allow any penalty for violations. Could a person technically be convicted under the Flag Code, as long as there was no penalty?

Improve this question
1
  • 2
    There is no prohibition in the US Flag Code so of course there is no penalty. "Should" is just a suggestion.
    – xngtng
    Commented May 20, 2022 at 17:35

1 Answer 1

Reset to default
6

No.

The Flag Code is not a criminal law, so the government is not permitted to bring criminal prosecution for violating it, and it therefore cannot secure a proper conviction for such a violation.

Improve this answer
4
  • 1
    So it basically means "please don't do this, but we won't/can't do anything if you do"?
    – Someone
    Commented May 20, 2022 at 17:20
  • 3
    Burning the US flag is protected speech as decided by SCOTUS.
    – doneal24
    Commented May 20, 2022 at 17:27
  • 3
    @Someone That's correct.
    – bdb484
    Commented May 20, 2022 at 17:49
  • 1
    @Someone: Other rules, governmental or otherwise, may explicitly or implicitly incorporate the Flag Code by reference. If, for example, a business with many flags on its property has someone who is in charge of flying, storing, and otherwise maintaining them, that person would be expected to behave in conformance with the Flag Code absent any instructions to the contary.
    – supercat
    Commented Feb 8, 2023 at 22:17

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .