Quote:
Originally Posted by Welpe
I've heard this claim made several times but have never see any actual documentation to back it up.
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Here's the easy answer:
The gold trim is found on ceremonial flags, to be used indoors and for ceremonies only. They originally were used on military flags. The fringe has no specific significance, but is considered completely within the guidelines of proper flag etiquette. There is nothing in the flag code indicating that the fringe is for federal government flags only. The Internet contains many sites that claim that the fringe indicates martial law or that the Constitution does not apply in that area. These are entirely unfounded and should be dismissed as urban legends, usually citing Executive Order 10834 and inventing text that is not part of the order.
Here's the more complex answer:
The United States Military Flag With The Gold Fringe
FLAG Martial Law; "Pursuant to 4 U.S.C. chapter 1, §§1, 2, & 3; Executive Order 10834, August 21, 1959; 24 F.R.6865; a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE border on three sides. The president of the United States designates this deviation from the regular flag, by executive order, and in his capacity as Commander-in-Chief.
President, Dwight David Eisenhower, by Executive Order No.10834, signed on August 21, 1959 and printed in the Federal Register at 24 F.R. 6865, pursuant to law, stated that: "A military flag is a flag that resembles the regular flag of the United States, except that it has a Yellow Fringe border on three sides."
Display Of Military Flag
National flags listed below are for indoor display and for use in ceremonies and parades. For these purposes the United States flag will be rayon banner cloth, trimmed on three sides with golden yellow fringe, 2 1/2 inches wide. It will be the same size as the flags displayed or carried with it.
Any courtroom that displays these flags behind the Judge is a military courtroom. You are under military law and not constitutional law, or common law, or civil law, or statute law.
Unauthorized use of official flags, guidons, and streamers. Display or use of flags, guidons, and streamers or replicas thereof, including those presently or formerly carried by U.S. Army units, by other than the office, individual, or organization for which authorized, is prohibited except as indicated in below.
Use only by recognized United States Army division associations . . . ." United States Army Regulation AR 640-10, October 1, 1979
According to Army Regulations, (AR 840-10, Oct. 1, 1979.) "the Flag is trimmed on three sides with Fringe of Gold, 2 1/2 inches wide," and that, "such flags are flown indoors, ONLY in military courtrooms." And that the Gold Fringed Flag is not to be carried by anyone except units of the United States Army, and the United States Army division associations."
The Authority For Fringe On The Flag Is Specified In Army Regulations, But Only For The National (Military) Flag !
The U.S. Attorney General has stated: "The placing of a gold fringe on the national flag, the dimensions of the flag, and the arrangements of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as Commander-in-Chief of the Army and Navy . . . ancient custom sanctions the use of fringe on regimental colors and standards, but there seems to be no good reason or precedent for its use on other flags . . . the use of such a fringe is prescribed in current Army Regulations, No. 260-10." (See 34 Ops. Atty. Gen. 483 & 485) The only statute or regulation, in the United States, prescribing a yellow fringed United States flag is Army Regulation No. 260-10, making it a military flag.
By Army Regulation 260-10, The Gold Fringe May Be Used Only On Regimental "Colors," The President's Flag, For Military Courts Martial, And The Flags Used At Military Recruiting Centers. "A Military Flag Emblem Of A Nation, Usually Made Of Cloth And Flown From A Staff; From A Military Standpoint Flags Are Of Two General Classes...Those Flown From Stationary Masts Over Army Posts, And Those Carried By Troops In Formation.