It might come as a surprise, but U.S. service members weren't technically allowed to unfurl giant U.S. flags at major events, despite the practice's status as a staple of many pregame ceremonies. Indeed, a February 2023 Defense Department memo reminded troops that the flag should never be carried flat or horizontally at any time.
Now, the Pentagon is tossing that restriction. According to a new memo released Jan. 10, 2025, service members can freely unfurl Old Glory "regardless of its size or position, at eligible public sporting and other community events, provided that such displays are done in a respectful manner," Stars and Stripes reports.
Viewers at home and in stadiums nationwide have become accustomed to the sight of U.S. troops holding up the American flag, especially during the NFL's recurring "Salute to Service" month every November.
The laws governing display of the flag, 4 U.S. Code § 8, says it should be carried "always aloft and free," which means those NFL pregame ceremonies were technically a violation of the code. The memo prohibited service members in uniform from any "unfurling, holding, and/or carrying of giant horizontal U.S. flags."
For most Americans, the Flag Code is more of a code of etiquette and doesn't actually list penalties for violations; even if it did, the Supreme Court struck down flag protection laws in 1990's United States v. Eichman, a ruling that essentially protected violations of flag etiquette as free speech. For service members in uniform, however, proper display of the American flag is a much bigger deal, and directives from the Defense Department can prevent troops from taking part in patriotic ceremonies that feature violations of the code.
The recent updated guidance from the Pentagon reflects changes to policy passed in the National Defense Authorization Act for Fiscal Year 2025. The legislation specifically rescinds the February 2023 memo to "support military recruitment through public outreach events during patriotic and military observances, including the display of the United States flag regardless of size and position, including horizontally."
The 2023 memo also banned the use of flags by military parachute teams, because the Flag Code states: "The flag should never touch anything beneath it, such as the ground, the floor, water or merchandise." The memo barred military jumpers from using the flag in their demonstrations, because it "cannot be caught reliably and handled respectfully by ground personnel."
That rule still applies in the updated guidance.
For the foreseeable future, uniformed service members carrying the American flag will take part in pregame displays of patriotism at events such as the Super Bowl, the Army-Navy Game and anywhere else the world (or at least where a large chunk of Americans) might be watching. It's impossible to know whether these ceremonies actually support military recruitment, but it's hard to deny that they boost the country's enthusiasm for those who already served.
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