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wearing American flag underwear, which apparently violated the U.S. Flag Code,

An expert in US flag etiquette/law was once asked a similar question. His reply was of the nature of "Is the object intended to be used as a flag? If it isn't a flag, flag etiquette doesn't apply."

Underwear, bandannas, hats, swimwear, towels, aren't flags, just because something has blue, white, red, and stars, doesn't make it a flag.
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