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As quoted from the U.S. Flag Code, "the flag represents a living country . . . it is itself considered a living thing." The U.S. flag lapel pin is a replica of the U.S. flag and should be worn on the left jacket lapel near the wearer's heart.
Those who are wearing an athletic uniform or a costume are not to wear the U.S. flag lapel pin on this type of clothing. -
The U.S. Flag Code concerns itself with the handling and display of our flag. The Code does not carry the force of law or even federal regulations. The Code does not impose penalties or punishments for mishandling, mistreating or misusing the U.S. flag.
Before 1989, criminal penalties were attached to the Code for acts of desecration to the flag. The Supreme Court held these penalties, in Section 18, to be unconstitutional and overturned that portion of the Flag Code. The Flag Protection Act of 1989 provided for a fine and one year's imprisonment for "knowingly" mutilating, trampling upon, physically defiling, defacing or maintaining on the floor any flag of the United States. This act was declared unconstitutional and struck down by the U.S. Supreme Court in U.S. v. Eichman on June 11, 1990.
The whole intent of the U.S. Flag Code underscores respect for the flag of the United States. Persons and organizations are not to show disrespect to the flag or dip it to any person or thing. Instead, state flags, regimental colors (military) and institutional or organizational flags are to be dipped to the U.S. flag as a mark of honor and respect. In Section 176, subsection j, the Code states that "no part of the flag" should be used as a costume or athletic uniform.
