4 U.S.C. § 3 — Use of flag for advertising purposes; mutilation of flag

submitted 79 years ago by ch. 389 to r/title-4-FLAG-AND-SEAL-SEAT-OF-GOVERNMENT-AND-THE-STATES · 356 words · no verdicts yet

in plain englishAI-generated · not legal advice

In Washington, D.C., it is a misdemeanor to put ads, words, pictures, or designs on the U.S. flag, or to display a flag that has them on it, or to sell or give away merchandise showing the flag used to advertise or decorate something. It is punishable by a fine of up to $100, up to thirty days in jail, or both.

Within the District of Columbia, it is against this law to place, or have placed, any word, figure, mark, picture, design, drawing, or advertisement on a U.S. flag, standard, colors, or ensign, for exhibiting or displaying it. It is also against the law to display, in public, a flag that already has anything like that printed, painted, or attached to it. It is also against the law, within the District of Columbia, to manufacture, sell, offer for sale or public display, give away, or keep for sale or use any merchandise, or any container or item for carrying merchandise, that has a picture of the flag printed, painted, or attached to it to advertise, call attention to, decorate, mark, or set apart that item. Anyone who does these things is guilty of a misdemeanor, punishable by a fine of up to $100, up to thirty days in prison, or both, at the court's discretion. The words "flag, standard, colors, or ensign" cover any flag or picture of one — or of any part of one — made of any material or shown on any material, in any size, that appears to represent the U.S. flag or a picture of it. This includes anything showing the colors, stars, or stripes, in any number, or any part of them, if an average person seeing it without close inspection would believe it represents the United States flag, colors, standard, or ensign.

the actual law source: uscode.house.gov ↗public domain

Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away 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 otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed 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, in the discretion of the court. The words “flag, standard, colors, or ensign”, as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America.

Source credit: (July 30, 1947, ch. 389, 61 Stat. 642; Pub. L. 90–381, § 3, July 5, 1968, 82 Stat. 291.)

history & why it existsrecord from the source credit

1947Enacted · Act of July 30, 1947, ch. 389 · 61 Stat. 642
1968Amended · Pub. L. 90-381 · 82 Stat. 291

A history note hasn’t been published yet. The record shows enactment by ch. 389 on 1947-07-30.

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