American tartans

[Tobus]

I disagree with this comment, and think the importance is great enough to include.

If you have the flag raised at night and it is not properly illuminated you can be cited. There are other violations of the US Flag code adopted by a joint resolution of Congress in June 1942 that can be cited as well. If you are displaying a torn or tattered flag that is another example. There are other examples I am aware of but do not have immediate references for. My understanding is if you use the flag as a symbol of distress and the USCG responds there are consequences as well.

I've never heard of anyone being cited for flying a tattered flag, or flying one at night without illumination. I see both of these all the time, even here in "Military City USA" (San Antonio), where we have an extremely high percentage of people who understand flag etiquette. Who would be writing such a citation? It's certainly not within the authority of local police, as they are not tasked with enforcing federal statutes on civilians. I've even seen local news stories here where people complain about an incorrectly-flown flag, and the police always say the same thing: they can't do anything about it. So if indeed it's a prosecutable offence for civilians, what is the proper procedure? Do they call the FBI? Is there a special flag enforcement agency I've never heard of? Do you have any examples of people being actually charged with an offence for this? Or is this just one of those "technically, you can be cited but it never happens" types of things?

Using a flag as a symbol of distress on the open ocean or in territorial waters is, of course, an entirely different animal. In such cases, it's not so much about misuse of the flag, per se, as it is about using the flag to send a false message. The same consequences would exist if false messages were sent via other means as well.