Thu Jan 5, 2012, 11:34 PM
dmr (28,097 posts)
Did you know this law existed?
I never really thought about it. I always figured this was something we learned in grade school & we continued out of respect, if not peer pressure at the ballgames. But I never, ever thought it was a law.
As an American I'm not so sure I appreciate a law dictating behavior on the books. I wonder what the history is behind the law's passage. Why it had to be legislated. Is it a McCarthyism or cold war law? ![]() Regarding The Star Spangled Banner: http://www.thepostgame.com/blog/style-points/201201/star-mangled-banner-those-who-take-liberties-our-national-anthem-may-be-fin
- snip - There is even a federal law (36 U.S.C. § 301) mandating that anyone in the presence of an anthem performance must "face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. -snip- ![]() "Play ball!"
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12 replies, 33004 views
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Author | Time | Post |
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dmr | Jan 2012 | OP |
Motown_Johnny | Jan 2012 | #1 | |
rgbecker | Jan 2012 | #2 | |
X_Digger | Jan 2012 | #7 | |
COLGATE4 | Jan 2012 | #10 | |
NRaleighLiberal | Jan 2012 | #3 | |
AnotherMcIntosh | Jan 2012 | #4 | |
BlueJazz | Jan 2012 | #8 | |
unkachuck | Jan 2012 | #5 | |
Fumesucker | Jan 2012 | #11 | |
pa28 | Jan 2012 | #6 | |
jberryhill | Jan 2012 | #9 | |
NYC_SKP | Jan 2012 | #12 |
Response to dmr (Original post)
Thu Jan 5, 2012, 11:35 PM
Motown_Johnny (22,308 posts)
1. Magna Carta
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Response to dmr (Original post)
Thu Jan 5, 2012, 11:44 PM
rgbecker (4,775 posts)
2. Batter Up!
However, this statutory suggestion does not have any penalty associated with violations. 36 U.S.C. § 301 This behavioral requirement for the national anthem is subject to the same First Amendment controversies that surround the Pledge of Allegiance.[19] For example, Jehovah's Witnesses do not stand for or sing the national anthem.[20][21][22]
http://en.wikipedia.org/wiki/The_Star-Spangled_Banner |
Response to rgbecker (Reply #2)
Fri Jan 6, 2012, 12:46 AM
X_Digger (18,585 posts)
7. +1
http://uscode.house.gov/download/pls/36C3.txt
[div class='code'](b) Conduct During Playing. - During a rendition of the national anthem - (1) when the flag is displayed - (A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; (B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and (C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and (2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed. Not a lot of 'mandate' in 'should's and 'may'. |
Response to X_Digger (Reply #7)
Fri Jan 6, 2012, 08:25 AM
COLGATE4 (14,732 posts)
10. This is what's known in the law
as precatory language - it's a suggestion, not something that is legally required or obligatory. For that reason there are no penalties associated with disobeying it.
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Response to dmr (Original post)
Thu Jan 5, 2012, 11:44 PM
NRaleighLiberal (58,768 posts)
3. Am I.. In..... Trouble!
(shh...don't tell....but I am often turned AWAY from the flag whispering/giggling to my wife during particularly horrendous local versions of the tune!)
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Response to dmr (Original post)
Thu Jan 5, 2012, 11:44 PM
AnotherMcIntosh (11,064 posts)
4. It does not mandate anything. The actual language includes the word "should," not "shall."
You should also eat your vegetables.
But there is no criminal penalty if you fail to do so. |
Response to AnotherMcIntosh (Reply #4)
Fri Jan 6, 2012, 12:52 AM
BlueJazz (25,348 posts)
8. Obviously, you've never met my Mother.
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Response to dmr (Original post)
Thu Jan 5, 2012, 11:52 PM
unkachuck (6,295 posts)
5. I'm not going to do it....
....on religious grounds....my religion forbids idol worship....
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Response to unkachuck (Reply #5)
Fri Jan 6, 2012, 08:28 AM
Fumesucker (45,851 posts)
11. And mine forbids idle worship..
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Response to dmr (Original post)
Fri Jan 6, 2012, 12:27 AM
pa28 (6,145 posts)
6. I guess that makes me an outlaw.
When I lived in Seattle I'd go to Mariner's games there was a period of time during *'s administration I'd sit for the anthem. As it turns out I'm now a federal criminal on the loose!
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Response to dmr (Original post)
Fri Jan 6, 2012, 01:09 AM
jberryhill (62,444 posts)
9. Crafty selective quoting to distort the statute
Funny how the article says there is a law "mandating" this behavior, when the very word they omitted at the beginning is the word "should". "Shall" is mandatory. "Should" is voluntary. The person who wrote the article is either dishonest or illiterate. |
Response to dmr (Original post)
Fri Jan 6, 2012, 10:30 AM
NYC_SKP (68,644 posts)
12. Looks like something from the early twenties, then the WW2 thing.
Was at first punishable but now not punishable as I read the details:
http://en.wikipedia.org/wiki/United_States_Flag_Code ![]() |