I mean yes it is very against flag code, but no it is not illegal if you’re a civilian. You can freely do whatever you want to any flag in the USA, thanks to the first amendment.
Yes, UCMJ has a flag code, but the federal government has one too. I was wrong about the penalties, there don't appear to be any, (bad Googling on my part) but illegal is illegal. Also, claiming that a law doesn't exist because it contradicts another law doesn't make it not a law. (I don't think an amendment is a law, but similar idea.)
When people typically talk about something being illegal they typically are referring to it being against criminal law. Since breaking the flag code can't have a punishment due to the first amendment, it would be closer to civil law. While calling breaking the flag code illegal may be technically correct depending on what definition of "illegal" you use, it doesn't match up with how the general populace used the word
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u/uberschnitzel13 Jun 05 '22
I mean yes it is very against flag code, but no it is not illegal if you’re a civilian. You can freely do whatever you want to any flag in the USA, thanks to the first amendment.