Color (law)

In United States law, the term color of law denotes the "mere semblance of legal right," the "pretense or appearance of" right; hence, an action done under color of law adjusts (colors) the law to the circumstance, yet said apparently legal action contravenes the law.

In English and American jurisprudence, an act done “under color of law” is an act done by an official as if authorized by law, but which is in fact not authorized. It was first used in English statutory law in the 13th century. It originated in the fact that the crown's officials and soldiers carried the sovereign's flag and coat of arms as an indication that they were acting under the sovereign's authority. This meaning is preserved in modern American usage in the term "color guard" to describe a small number of people ceremonially presenting the flag at an official ceremony. “Through the first half of the nineteenth century, colore officii was a common law term of art referring to the illegal or unauthorized actions of governmental officials,” and was used by the U.S. Congress is several laws, including the authorization of federal officials to seek removal of state criminal charges brought against them to federal courts.

Under color of authority is a legal phrase used in North America indicating that a person is claiming or implying the acts they are committing are related to and legitimized by his or her role as an agent of governmental power.