Flag code applies to flags hanging from staffs, not White House balcony | Fact check

The claim: Biden violated US Flag Code during a White House Pride Month event

A June 12 Facebook post (direct link, archive link) shows a display at the White House that features an LGBTQ+ pride flag in between two American flags.

"To advance the woke transgender assault on America, Biden violates basic tenets of U.S. Flag Code," reads the post. "U.S. Flag Code §7. (e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs."

A similar Facebook post was shared more than 125 times in two days before it was deleted. Other versions of the claim, including statements from several legislators, were shared thousands of times across different social media platforms.

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Our rating: False

Experts told USA TODAY the part of the U.S. Flag Code being referenced in the posts only applies to flags hanging from staffs. The photos also fail to include the U.S. flag flying on top of the building, which could be considered part of the display.

Code 'not relevant' to White House display, expert says

The U.S. Flag Code says the flag should be “at the center and at the highest point of the group when a number of flags of states or localities or pennants of societies are grouped and displayed from staffs.”

But Todd Huntley, director of Georgetown University’s National Security Law Program and a retired Navy captain, said this part of the code is "not relevant" to the display pictured in the Facebook post.

“4 U.S.C. §7(e) applies to groupings of flags when they are displayed on staffs,” Huntley said. “In the photo, the flags are draped from the balcony, hanging vertically.”

In that case, he said 4 U.S.C. §7(e), which pertains to the horizontal or vertical display of a U.S. flag against a wall, would be most applicable, though he said that it “does not mention positioning vis a vis other flags or pennants.”

He also said the flag code is "advisory and contains no criminal or civil enforcement provisions."

Pictures of the event in question from the White House and various media outlets show the U.S. flag flying on top of the building. That alone could render the claim false, said John Raughter, a spokesperson for the American Legion National Headquarters. The organization was part of the 1923 U.S. Flag Conference that led to the adoption of the flag code.

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“If one considers the U.S. flag posted on the roof of the White House as a component of the overall display, there isn’t a violation since the U.S. flag is the highest and most prominent of the banners,” said Raughter.

Raughter also said the flag code is not relevant to the White House display.

WUSA-TV in Washington, D.C. and Forbes also debunked the claim.

USA TODAY reached out to users who shared the post for comment but did not immediately receive a response.

Our fact-check sources:

• Todd Huntley, June 14, Email exchange with USA TODAY

• John Raughter, June 13, Email exchange with USA TODAY

• Office of the Law Revision Counsel, accessed June 13, 4 USC Ch. 1: THE FLAG

• Congressional Research Service, Oct. 7, 2019, Frequently Asked Questions About Flag Law 

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This article originally appeared on USA TODAY: False claim Biden violated flag code during Pride Month | Fact check