The USA Civil Flag of Peacetime - Our REAL Official Flag!

Feb 5, 2026

By: The Rubber Duck ™

The “Old Glory” (“Stars & Stripes”) flag with which most people are familiar is the official “Military Flag of Peacetime” – whose HORIZONTAL stripes easily distinguish it from the Civil flag.

The “Military Flag of Peacetime” is the one that flew over Fort McHenry during its bombardment by the British navy at the start of the War of 1812, and which Francis Scott Key immortalized in his poem which would referred to as our “National Anthem”. The only reason Fort McHenry was flying “Old Glory” (instead of the “Civil Flag of Peacetime”) was that Fort McHenry was obviously a military installation – and since war had not yet formally been declared, it was obligated to fly the “U.S. Military Flag of Peacetime”. (Had war already officially been declared by Congress, the fort would have flown the U.S. “Military Flag of War” which has gold-fringe added on three sides.)

It was only AFTER World War 2 that the American people forgot about the REAL U.S. “Civil Flag of Peacetime” (above) that used to fly over non-military Federal buildings during peace time. Today people fly the U.S. “Military Flag of Peacetime” (“Old Glory” or “Stars & Stripes”) without realizing that they are flying the WRONG flag – they should be flying the flag above.

Go into any court room in the U.S. and see which flag is on display. In most cases it will be the U.S. “Military Flag of War” (with the gold fringe), which means that the court is informing you that you are entering a MILITARY court, also called a “Maritime-Admiralty Court” in which the U.S. Constitution is suspended; and the judge can deny you a “trial by jury” (at his discretion) – and, just as the captain of a ship at sea, he can issue “Summary Judgments” by himself – no conviction by a jury required.

Prior to World War 2 most Americans were aware of these facts. Non-Federal buildings within a State NEVER flew a U.S. flag – ever ! The flew ONLY their State’s flag. Thus, in paintings and photos prior to 1940, flags on all non-Federal buildings were solely state flags; and a State building NEVER flew a “U.S. flag” of ANY type. The ONLY place most people ever saw an official “U.S. flag” was at the Post Offices in their towns – and since Post Offices are Civil (not military) buildings, the flag flown was always the official U.S. “Flag of Peacetime” (above).

Every American child used to learn these facts in grammar school – until the mid-1940’s. Americans today are not “stupid”; they are simply “ignorant” because they were never taught these facts.

Oddly enough, many people think that the “Law of the Flags” is an out-dated relic of the past. Not true! Indeed, every SHIP at sea is required to be “registered” with a particular country AND it must fly the flag of that country! That is “International Maritime Law” (aka, “Commercial Law” to this very day. Your FLAG informs others WHO you are; and if your nation is currently at war: SEE - 4 U.S. Code § 8 - Respect for flag: https://www.law.cornell.edu/uscode/text/4/8

Other people dismiss the “Law of the Flag” as not applicable within the U.S., often citing statutes conferring upon the President (as “Commander-in-Chief”) the power to add gold-fringe, gold tassels, etc. to the flag, as his discretion. That is true, but such statutes apply only with “federal zones” under the exclusive jurisdiction of Congress. Such statutes do NOT void international maritime law.

So, the next time you appear in court to contest a “speeding ticket” and demand a “trial by jury of 12 peers” as guaranteed by the 6th Amendment, do NOT be surprised if the judge states that you are NOT entitled to a “trial by jury” or even states that the “Bill of Rights” does NOT apply in that court! After all, you were “warned” by the flag displayed in the court room that you would be entering a “Maritime-Admiralty” jurisdiction! That you chose to ignore this warning or were ignorant of the flag’s significance is “no excuse under the law”.

Sources: The “International Law of the Flag” and numerous legal and historical text books.