From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: What are the rules about using the United States Flag in advertising?

A: Both state and federal law provide that the United States Flag should not be used for advertising purposes.

The United States Code states that “[t]he flag should never be used for advertising purposes in any manner whatsoever.” 4 U.S.C. §3. The federal “Flag Code” is described as a “code of conduct” however, and does not include specific penalties for the failure to follow its provisions.

Pennsylvania state law makes it a misdemeanor for anyone to use the flag for advertising purposes. The Pennsylvania law does permit the use of the flag for “patriotic or political demonstration or decorations.” 18 P.S. § 2102.

Although these types of statutes are rarely enforced, and raise significant constitutional issues, the PNA advises against using the flag in advertising and specifically against marking or writing on a flag in an ad. As an alternative, some newspapers use patriotic banners or streamers.

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