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Do Any State Flags Have Special Privileges?

Margaret Lipman
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Published: Jan 22, 2024
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A flag is far more than just a piece of colorful fabric. It’s a symbol that connects people with their history, culture, and identity, so it’s not surprising that there is a certain amount of protocol and etiquette—and some misconceptions—associated with displaying flags.

For example, you may have come across a post on social media proclaiming that Texas' state flag is the only one that can be flown at the same height as the American flag. The supposed explanation is that this recognizes Texas’ unique former status as a sovereign republic from 1836 to 1846. However, this is simply an urban legend. In reality, every state flag may be flown at the same height as the American flag, not just the Lone Star Flag.

After all, Texas is not the only state to have once been an independent country. Hawaii was a kingdom from 1795 to 1893 and a republic (controlled by wealthy American colonialists) from 1894 to 1898. Vermont, Rhode Island, Oregon, and even West Florida have also had claims to independence at some point in their history, though with minimal recognition as sovereign states.

However, there are some guidelines about flying other flags near the U.S. flag (aka the Stars and Stripes, Old Glory, or the Star-Spangled Banner). For example, if a state flag is flown on the same flagpole as the American flag, the state flag should be flown beneath the national flag. Likewise, if they are on separate flagpoles or carried in a procession, the U.S. flag must be flown to the state flag’s right (which is the viewer’s left). The American flag should also be the first to be hoisted and the last to be lowered.

Flag rules, regulations, and more:

  • The United States Flag Code, a federal law that came into effect in August 1998, is a non-mandatory collection of advisory rules that codified existing customs surrounding the display and care of the American flag. There are no penalties for failing to follow its guidelines.

  • One of the most widely disregarded portions of the United States Flag Code is that the flag should not be used as “wearing apparel” or for “advertising purposes in any manner whatsoever.” Imagine if that guideline actually had to be followed!

  • Unlike the advisory, non-binding rules of the U.S. Flag Code, the Flag Protection Act of 1968 was a criminal statute passed by Congress amidst the anti-Vietnam War protests. It imposed penalties, including fines and imprisonment, for the intentional desecration or defacement of the American flag. The Flag Protection Act was struck down by the U.S. Supreme Court in 1990 when the Court ruled that it violated the First Amendment’s protection of freedom of speech.

  • Despite the controversy surrounding flag burning as a form of political protest, burning is actually the preferred method for respectfully disposing of a soiled or tattered U.S. flag. This takes place in an atmosphere of dignity during flag “retirement” ceremonies, held regularly by organizations such as the U.S. military, the American Legion, the Boy Scouts of America, and the Girl Scouts of the U.S.A.

  • Ever wonder how the amusement park chain Six Flags got its name? The corporation’s first property, Six Flags Over Texas, opened in 1961 in Arlington, Texas. The name is a reference to the six countries that have controlled all or part of the area that is now the state of Texas: Spain, France, Mexico, the Republic of Texas, the Confederate States of America, and the United States.

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Margaret Lipman
By Margaret Lipman
With years of experience as an educator, Margaret Lipman produces thoughtful and informative content across a wide range of topics. Her articles cover essential areas such as finance, parenting, health and wellness, nutrition, educational strategies. Margaret's writing is guided by her passion for enriching the lives of her readers through practical advice and well-researched information.
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Margaret Lipman
Margaret Lipman
With years of experience as an educator, Margaret Lipman produces thoughtful and informative content across a wide range...
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