Regarding recent complaints that Obama has not ordered the American flag to fly at half-mast for the tragic deaths of the 19 firefighters provides an opportunity to refresh in our minds guidance on the proper display of the national symbol.
The United States “Flag Code” is found in Title 4 of the United States Code Title 36: “Flying the Flag at Half-Staff- This section provides that the President shall order the flag flown at half-staff for stipulated periods “upon the death of principal figures of the United States Government and the Governor of a state, territory, or possession.” After the death of other officials or foreign dignitaries, the flag may be flown at half-staff according to Presidential instructions or in accordance with recognized custom not inconsistent with law. In addition, the Governor of a state, territory, or possession, or the Mayor of the District of Columbia, may direct that the national flag be flown at half-staff, in the event of the death of a present or former official of the respective government or in the event of the death of a member of the Armed Forces from that jurisdiction. Presidents also have ordered the flag to be flown at half-staff on the death of leading citizens, not covered by law, as a mark of official tribute to their service to the United States. Martin Luther King, Jr. is among those who have been so honored. …the provisions of the Flag Code on flying the flag at half-staff are, like all the Code’s provisions, a guide only. They do not apply, as a matter of law, to the display of the flag at half-staff by private individuals and organizations. No federal restrictions or court decisions are known that limit such an individual’s lowering his own flag or that make such display alone a form of desecration. Public concern and confusion regarding the proper respect shown to the United States flag has given rise to many questions on the law relating to the flag’s handling, display, and use. Both the state governments and the federal government have enacted legislation on this subject. On the national level the Federal Flag Code1 provides uniform guidelines for the display of and respect shown to the flag.
I am growing weary of –and sometimes angry at- seeing “my” flag at half-mast. I’ve served under it for over 30 years. Because of what it represents I don’t believe it should be lowered for the death of any individual. Our country is stronger than one person. The flag that survived the all-night shelling of Ft. McHenry should not be lowered for victims of criminal acts or natural disasters. Criminals delight and our enemies gloat at seeing the symbol of our strength and magnanimity lowered. Francis Scott Key’s inspiration at seeing the Stars and Stripes surviving a vicious 24 hour barrage by the British “through the dawn’s early light” should be reflected in our flying it a full-mast. I have been to many countries in both hemispheres of the world and seen citizens of those countries stare in awe at the American flags on our uniforms and emblazoned boldly on our aircraft. I have been places in the world where I wept to see it myself knowing I was finally going home. I will wear it proudly on my coffin when I make the final journey home. Many have fought and died to keep the flag flying high. I encourage everyone to read all four verses of our national anthem during the month we celebrate our independence. Without strength and resilience we would not –and are not – retaining our independence. Fly the American flag proudly at full mast and reserve our expressions of condolences for local and state tragedies with state flags and other personal measures.