Use of National, State, or Confederate Flag for Advertising, Selling, or Promoting the Sale of Merchandise Unlawful

  1. Law
  2. Georgia Code
  3. State Government
  4. State Flag, Seal, and Other Symbols
  5. State and Other Flags
  6. Use of National, State, or Confederate Flag for Advertising, Selling, or Promoting the Sale of Merchandise Unlawful

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  1. It shall be unlawful for any person, firm, or corporation to copy, print, publish, or otherwise use the flag of the United States, the flag, coat of arms, or state emblem of the State of Georgia, or the flag or emblem of the Confederate States of America, or any flag or emblem used by the Confederate States of America or the military or naval forces of the Confederate States of America at any time within the years 1860 to 1865, both inclusive, for the purpose of advertising, selling, or promoting the sale of any article of merchandise whatever within this state.
  2. Notwithstanding subsection (a) of this Code section, any person, firm, or corporation which contracts with the state to publish an official Code shall be authorized to use the state emblem on the cover of the publication. Utilization by the contracting person, firm, or corporation of the cover of the publication, with the state emblem thereon, for advertising purposes shall not constitute a violation of subsection (a) of this Code section.

(Ga. L. 1960, p. 985, § 1; Ga. L. 1982, p. 3, § 50.)

Cross references.

- Enactment of official Code, § 1-1-1.

Offenses against public order and safety, T. 16, C. 11.

OPINIONS OF THE ATTORNEY GENERAL

Replica of state flag may not be printed upon packets or envelopes containing sugar in order to promote the image of this state in the minds of the people who use the product. 1967 Op. Att'y Gen. No. 67-323.

"Public service" advertisement bearing name of private sponsor.

- Proposed "public service" advertisement which prints, publishes, or otherwise uses the flag of the State of Georgia and bears the name of a private corporate sponsor would be in violation of O.C.G.A. § 50-3-8. 1992 Op. Att'y Gen. No. 92-14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Advertising, § 4. 35A Am. Jur. 2d, Flag, § 3. 74 Am. Jur. 2d, Trademarks and Tradenames, § 41.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4. 81A C.J.S., States, § 79. 87 C.J.S., Trademarks, Trade Names and Unfair Competition, § 208.

ALR.

- Propriety of prohibition of display or wearing of confederate flag, 66 A.L.R.6th 493.

Propriety of prohibition of display or wearing of confederate flag, 66 A.L.R.6th 493.


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