Congress enacted very precise standards for the American flag (see 4 U.S.C. §§1-10). I want to point out particulatly that the flag must never be sewn as clothing!!! Under §8(d) and §8(j), “[t]he flag should never be used as wearing apparel, bedding, or drapery” and “[n]o part of the flag should ever be used as a costume or athletic uniform.” American flag bikinis? Illegal. American flag boxers? Illegal.
However, the First Amendment protects Americans’ right to desecrate the flag in the name of free speech and therefore it is not constitutional to prosecute violations of the symbol which represents the nation born from that constitution. My question for all those “patriotic” people is this: is it your intent to disrespect the flag or to honor the flag?
I think clothing that has a flag on it, like military or LEO support, is fine. It is not desecrating the flag. It is showing respect for the fallen, or for those who have served or are serving. But I do draw the line with swimsuits or shirts or any other clothing or curtains or throw pillows that are made strictly to look line the flag; it is desecration and disrespectful. I liken it to wearing a rosary as a necklace or having it dangle from your rear view mirror. Disrespectful.
Flag patches as insignia are a different animal. The statute states more fully,
Congress wears a special flag pin on the left. Military wear a flag patch on right arm with the starfield leading. Most civilian public safety egregiously wear their flags with the stripes leading and it is flatly wrong. The POTUS limousine has two small staffed flags affixed to the front corners. Flag painted on vehicles must be in a forward placement and the starfield must lead as it would if carried upon a staff. If only one flag displays, it must always lead at the center or right of the conveyance. No single flag may present on the left side of a conveyance (such as a driver-side door). Large vehicles such as airplanes and ships typically paint the flag on both sides for visibility, but they are mirrored so that both starfields lead.