Ok, Im confused. Can I use the American flag in an ad or not?
Yes, you can. Federal law says that The flag should never be used for advertising purposes in any manner whatsoever. 4 USC 8. But as you may have noticed, there are a lot of ads, not to mention T-shirts, ice buckets, wastebaskets and the like that contain Old Glory. Thats because the statute uses the suggestive should not as opposed to the imperative shall not. You may recall that the U.S. Supreme Court has upheld the right to burn the flag as a political gesture. That certainly is something that the statute says that you should not do. But the statute is not mandatory language and there is no criminal penalty. If it were, it would probably be unconstitutional. The statute also indicates that the flag should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. But I am certain that many of us will celebrate the 4th of July, sitting on a cushion
