Girl With The American Flag

Significantly, the Flag Code prohibits using the flag "for any advertising purpose" and also states that the flag "should not be embroidered, printed, or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use". Both of these codes are generally ignored, almost always without comment.
One of the most commonly ignored and misunderstood aspects of the Flag Code is section 8. "The flag should never be used as wearing apparel, bedding, or drapery." Section 3 of the Flag Code defines a flag for the purposes of the code. Contrary to popular belief, the U.S. Flag Code does permit the use of flag design in fashion etcetera, provided that such a design was not formed using the actual design of the flag. The wearing of any article of clothing representing the flag is allowed, however, the flag itself is not.
Although the Flag Code is U.S. federal law, it is only binding on government institutions displaying the flag: there is no penalty for a private citizen or group failing to comply with the Flag Code and it is not widely enforced—indeed, punitive enforcement would conflict with the First Amendment right to freedom of speech. Passage of the proposed Flag Desecration Amendment would overrule legal precedent that has been established.