A Few Words from the U.S. Code About Respect for the Flag

LENOIR, N.C. – The decision by Associate Supreme Court Justice Samuel Alito to fly the American flag upside down over his house on Jan. 17, 2021 (as reported by The New York Times) is not a surprise. It achieved its intended effect – it sent a distinctly partisan message not only to all of the nation, but to the election deniers all the way to the top – he’s with them. He has abandoned his oath to protect our Constitutional Republic (democracy if you wish, but that’s not historically accurate, nor is it the current state of affairs).

Alito’s act is chillingly intimidating. Hopefully, the fallout is just beginning, though based on the ignorance of the national media regarding the significance of the issue, I am not encouraged. Recently, CNN reported, “An upside-down American flag – a symbol used by some supporters of former President Donald Trump who challenged the legitimacy of Joe Biden’s 2020 victory – hung outside the home of Supreme Court Justice Samuel Alito after the election, The New York Times reported Thursday.”

That’s just wrong. Alito and his ilk have hijacked the true meaning of the upside-down flag and CNN missed it. They are disrespecting the flag – and by extension the Constitution. The U.S. Flag Code says, “(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.” To fly it as Alito did (I’m not buying the BS about his wife for a moment) is a metaphorical, hysterical act encouraging treason in response to an election that Trump lost fair and square.

Alito is not alone though. Almost all MAGA adherents – as well as folks from other political parties and persuasion – show disrespect for the flag according to the U.S. Code (§ 8. Respect for the flag). Here are just a few of the regulations that are constantly violated (emphasis added):

  • No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing.
  • The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
  • The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
  • The flag should never be used as wearing apparel, bedding, or drapery.
  • The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
  • The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkin or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.

So long as such displays occur – and they do regularly – the concept of American Exceptionalism is simply mere propaganda. To those disrespecting it, it is merely a prop. Alito is reportedly among the most intelligent jurists on the Court. Clearly, his arrogance has no bounds. Neither does his influence!

I learned respect for the flag from my family. At least one member of our family has fought in virtually every American war since the Revolution. For the past 20-plus years, a very close family member has given all in our Near East wars, without fanfare. Now, while it is true that politicians have misused the military for their own purposes, that does not diminish the honor due the men and women who have served under the flag. Our Uncle George died in Korea on June 12, 1950 in a delaying action against rapidly advancing North Korean Communists. My grandmother – his mom – taught me that where George died, his blood served as a symbol of the flag and the hundreds of thousands that were liberated under it in South Korea. He was also a World War II hero, fighting in the Battle of the Bulge, where he earned a Bronze Star. There, in Europe, millions were liberated from tyranny under the flag of the United States and her allies.

You may find it understandable, then, that I am disgusted when I see a flag for the dictatorial megalomaniac Donald Trump on the same pole as the Stars and Stripes (as I would be for Joe Biden, but I’ve yet to see one). Using the flag on merchandise as value messaging is pathetic. It has been predictable for some time now. The Republican Party has surrendered unconditionally to Trump.

The insurrectionists carried and wore that flag every way imaginable on January 6, 2021 – except the right way. That’s because they were using it for the wrong reasons. I expect a repeat – at a minimum – next year. The only thing worse than sore losers are sore winners.

© Michael M. Barrick, 2024. U.S. Flag/Trump Photo by Dalton Caraway on Unsplash; MAGA cap Photo by Natilyn Photography on Unsplash; News rack Photo by little plant on Unsplash

4 comments

  1. I want to thank publicly Mr. Barrick for this very timely and pertinent posting regarding the flag of the United States. I say timely, because just last week, June 14, to be precise, was the annual commemorative holiday, Flag Day. This year on June 14, as I was scanning various online news feeds and listening to both national and local TV newscasts, I did not come across even a single mention of Flag Day. This was deeply distressing to me, for I am old enough to remember when Flag Day was a significant event in our communities, even though not an official public holiday. In the small town where I grew up in central Illinois, every merchant in the business district prominently flew the flag on June 14. The majority of homes also proudly displayed the flag on this day. As kids, this public display etched a deep lesson upon our young minds and hearts, that this flag symbolized something precious and significant in society. So now, as an aging American, it is highly distressing to witness such a powerful symbol being relegated to insignificance. And when it is desecrated in an attempt for cheap political gain, it is not only distressing, but downright infuriating!

    When a nation and a civilization loses its fundamental symbols of unity and pride, this does not bode well for the future.

    My father ‘flew the Hump’ for 2 years during World War II. Mr. Barrick has referenced many examples of individuals in his family who have so valiantly served our country. In honor of their heroic sacrifices and for the sake of succeeding generations, it is vital for all of us to rally around the Flag of the United States and reclaim its fundamental clarion call to peace, freedom and justice!

  2. Based on commentary from a young woman who had interacted with Mrs Alito, it may have been her who hung the flag upside down. Apparently, Mrs Alito can be difficult. Also, we shd never be intimidated by Trump. He’s a bizarre man with loyalty to nothing whose greatest fear is truth & whose worst enemy is himself!

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