Just before the Republican National Convention last night, Donald Trump, Jr. posted a photo in a jacket which seemed to be designed to demonstrate American patriotism. One-half of the jacket was a blue field with large, white stars. The other half was a series of broad, alternating red and white stripes. Apparel of this type is not unusual. It is intended as a patriotic statement. It also seems illegal.
4 U.S. Code, Section 8 states, in part, “The flag should never be used as wearing apparel…” It also states that, “No part of the flag should. ever be used as a costume…” I am sure that many will contend that Mr. Trump is wearing only a sport coat, not a real flag. However, the design is intended to say, “American flag,” and its wearer is to appear wrapped in it.
Whether the coat falls under the second prohibition depends upon one’s definition of “costume.” Under the most general definition in Merriam Webster a costume is “a person’s ensemble of outer garments.” The U.S. Code provides no definition of the term, but it seems reasonable to conclude that the coat falls within the general definition. It is also important to note that the statute refers to “no part of the flag.” Clearly, a field a blue with white stars is part of our flag as is a series of alternating red and white stripes. Were one to be provided only with those two characteristics as a description and asked to identify the object, most Americans would say, “the American flag.”
While there is an enforcement mechanism for this part of the Code, it has not been used. More’s the shame. Much is made of respect for the flag for which “Americans have fought and died.” It is beyond ironic that the provisions of Section 8, 4 U.S. are frequently violated by those who are critical of others who “take a knee” during the National Anthem. The provisions cited here are only two of many that are violated. To make matters worse, observe the conduct during the National Anthem. 36 U.S. Code, Section 301 says that “persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart” during the anthem. Members of the military and veterans render a hand salute. Do people really do this consistently? Have you seen public officials chatting during the anthem?
Respect for the flag and the National Anthem are good things. They are symbols which might serve to unify the nation. Obviously, there are those who feel that the “Republic for which it stands” has not lived up to its ideals, and who wish to protest. Are the other examples of statutory disrespect protests as well? What are those who wear the flag or parts thereof as items of clothing protesting? If they are only attempting to say, “I am patriotic,” there are many more effective ways to do so.
In fact, they may be little more than “sunshine patriots.” The words of Thomas Paine in “The American Crisis” on December 19, 1776 seem apt. “These are the times that try men’s souls; the summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”