GUIDELINES ABOUT LAWS AFFECTING
NEWSPAPER
ADS CONTAING ART/PHOTOS OF
U.S. CURRENCY, FLAGS, STAMPS

1. FEDERAL LAW
The federal statute barring the "likeness or similitude of any obligation or
security of the United States" from advertisements was changed significantly
by the 1984 Supreme Court decision in Regan v Nine Inc. Ads may now include
photos or illustrations of money, stamps or other federal issue, so long as
they are in black and white, and are less than three fourths or more than one
and one half times actual size. Also, a publisher must destroy the plates and
negatives containing the likeness after they are used.
Treasury Department regulations permit black and white illustrations of U.S.
and foreign postage stamps in any size (cancelled or uncancelled). The
regulations permit color illustrations of cancelled stamps in any size. Color
illustrations of uncancelled stamps must be of a size less than three fourths
or more than one and on-half in linear dimension of each part of the stamps
illustrated.
2. IDAHO LAW
While the language of Idaho and federal statute both indicate that the flag
may not be used in any ads whatsoever, at least one court has held that the
provisions are not to be accorded the full weight of a statutory
proscription. Also, the Justice Department has advised newspaper industry
groups that it rarely enforces this prohibition when use is considered
"positive enhancement of the flag" rather than negative or distorting in
effect.
