Is It Okay to Wear American Flag Clothing? What the Flag Code Says
The Flag Code says the flag should not be used as apparel, but it has no penalties and printed flag designs are widely accepted. Here is what the law says.
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Yes, for most flag clothing. The U.S. Flag Code says the flag “should never be used as wearing apparel,” but it carries no penalties, and the American Legion says printed flag designs on clothing are acceptable. The etiquette concern is a garment made from an actual flag, not a T-shirt or dress printed with one.
What does the U.S. Flag Code say about clothing?
The Flag Code’s “respect for flag” rules sit in Title 4, Section 8 of the U.S. Code. Three parts touch on what people wear.
Section 8(d) is the one most people quote: “The flag should never be used as wearing apparel, bedding, or drapery.”
Section 8(j) covers costumes and uniforms. It says no part of the flag should be used as a costume or athletic uniform. It then allows a flag patch on the uniforms of military personnel, firefighters, police officers and members of patriotic organizations. It also describes the lapel pin as a replica that should be worn on the left lapel, near the heart.
Section 8(i) is about advertising and throwaway items. It says the flag should not be used for advertising, embroidered on items such as cushions or handkerchiefs, or printed on paper napkins, boxes or anything “designed for temporary use and discard.”
Read on their own, those lines sound strict. Two more facts put them in context.
Is it illegal to wear the American flag?
No. The Flag Code is written in advisory language (“should,” not “shall”), and it does not attach a fine or other penalty. The American Legion, which promotes flag etiquette, puts it plainly: “The Flag Code is simply a guideline for proper flag etiquette. The law does not provide penalties for violation of any of its provisions.”
Courts have also protected expressive uses of the flag. In Texas v. Johnson (1989), the Supreme Court ruled 5 to 4 that burning a flag in political protest was expression protected by the First Amendment, and it overturned a Texas conviction. Wearing a flag shirt is a much milder act than the one that case protected.
Does a flag print count as “the flag”?
This is the question that decides most arguments. The American Legion says wearing clothing with a flag design “is acceptable, as long as it is not made from an actual U.S. flag.” It adds that the definition of the flag Congress adopted in 1989 does not include clothing, stylized designs or digital images that resemble the flag.
The American Legion Auxiliary goes further in its list of flag etiquette myths: “Unless an article of clothing is made from an actual United States flag, there is NO breach of flag etiquette.”
Put the Flag Code and the Legion’s guidance together and a clear line appears:
| Item | Flag etiquette view |
|---|---|
| T-shirt, dress or hat printed with a flag design | Acceptable (American Legion) |
| Stylized or distressed flag graphic | Acceptable; not “the flag” under the 1989 definition (American Legion) |
| Flag lapel pin | Encouraged; wear on the left lapel (Flag Code 8(j)) |
| Flag patch on a first responder or military uniform | Allowed (Flag Code 8(j)) |
| Garment sewn from an actual flag | Breaches etiquette (Flag Code 8(d), American Legion) |
| Flag used as a costume, such as worn as a cape | Discouraged (Flag Code 8(j)) |
Why do some people still find flag clothing disrespectful?
Because the text of 8(d) and 8(j) does not mention prints, some readers take it literally and avoid any flag image on clothing. Others draw the line at certain garments: flag underwear, swim bottoms or shoes that get stepped in and worn out. The Flag Code does not rank garments, so that line is personal.
A few habits keep flag clothing on the respectful side for most people:
- Choose a design over a replica. A small embroidered flag, a stars-only pattern or red, white and blue color blocking avoids the “wearing the flag” debate.
- Match the setting. A bold flag print suits a cookout. A pin or a navy blazer suits a memorial service or a ceremony.
- Keep it in good shape. Retire a faded, torn flag shirt rather than wearing it for yard work.
- Skip disposable flag items. Section 8(i) specifically names paper napkins and items made to be thrown away, so skip flag paper plates at the party even if you wear the shirt.
For understated options, see our guide to classy patriotic outfits.
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What about 1776 and Betsy Ross flag designs?
The same etiquette applies: they are printed designs, not actual flags. Their meaning is a separate question, covered in what 1776 and Betsy Ross flag shirts mean.
Related guides
- When people wear red, white and blue most: what to wear for patriotic holidays
- Flag prints for the whole family: kids’ 4th of July outfits by age
- Sizes 1X and up: plus-size 4th of July outfits
Frequently asked questions
Is it illegal to wear American flag clothing?
No. The Flag Code is part of federal law, but the American Legion notes that it provides no penalties for violating any of its provisions. It works as an etiquette guide for civilians.
Is it disrespectful to wear American flag shorts or swimsuits?
Some people think so, and the Flag Code's wording does not separate one garment from another. The American Legion's position is that printed flag designs are acceptable, so it comes down to personal judgment and the setting.
Can you wear a shirt made from a real flag?
That is the case the Flag Code is aimed at. Section 8(d) says the flag should never be used as wearing apparel, and the American Legion says not to make clothing from an actual flag.
Where should a flag lapel pin go?
On the left lapel, near the heart. Section 8(j) of the Flag Code calls the lapel pin a replica and gives that placement.
Can athletes and first responders wear flag patches?
Yes. Section 8(j) says a flag patch may be attached to the uniforms of military personnel, firefighters, police officers and members of patriotic organizations.
Sources
- 4 U.S. Code § 8: Respect for flagLegal Information Institute, Cornell Law School
- U.S. Flag Myths, FAQs, & TerminologyThe American Legion
- U.S. Flag Code: Display, Respect & Proper UseThe American Legion
- Top 8 flag etiquette mythsAmerican Legion Auxiliary
- Texas v. Johnson, 491 U.S. 397 (1989)Legal Information Institute, Cornell Law School
Part of our guide to What to Wear for Memorial Day, the 4th of July and Veterans Day.
