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dmr

(28,347 posts)
Thu Jan 5, 2012, 11:34 PM Jan 2012

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!"
12 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Did you know this law existed? (Original Post) dmr Jan 2012 OP
Magna Carta Motown_Johnny Jan 2012 #1
Batter Up! rgbecker Jan 2012 #2
+1 X_Digger Jan 2012 #7
This is what's known in the law COLGATE4 Jan 2012 #10
Am I.. In..... Trouble! NRaleighLiberal Jan 2012 #3
It does not mandate anything. The actual language includes the word "should," not "shall." AnotherMcIntosh Jan 2012 #4
Obviously, you've never met my Mother. BlueJazz Jan 2012 #8
I'm not going to do it.... unkachuck Jan 2012 #5
And mine forbids idle worship.. Fumesucker Jan 2012 #11
I guess that makes me an outlaw. pa28 Jan 2012 #6
Crafty selective quoting to distort the statute jberryhill Jan 2012 #9
Looks like something from the early twenties, then the WW2 thing. NYC_SKP Jan 2012 #12

rgbecker

(4,826 posts)
2. Batter Up!
Thu Jan 5, 2012, 11:44 PM
Jan 2012

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

X_Digger

(18,585 posts)
7. +1
Fri Jan 6, 2012, 12:46 AM
Jan 2012
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'.

COLGATE4

(14,732 posts)
10. This is what's known in the law
Fri Jan 6, 2012, 08:25 AM
Jan 2012

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.

NRaleighLiberal

(60,014 posts)
3. Am I.. In..... Trouble!
Thu Jan 5, 2012, 11:44 PM
Jan 2012

(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!)

 

AnotherMcIntosh

(11,064 posts)
4. It does not mandate anything. The actual language includes the word "should," not "shall."
Thu Jan 5, 2012, 11:44 PM
Jan 2012

You should also eat your vegetables.

But there is no criminal penalty if you fail to do so.

pa28

(6,145 posts)
6. I guess that makes me an outlaw.
Fri Jan 6, 2012, 12:27 AM
Jan 2012

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!

 

jberryhill

(62,444 posts)
9. Crafty selective quoting to distort the statute
Fri Jan 6, 2012, 01:09 AM
Jan 2012

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.
 

NYC_SKP

(68,644 posts)
12. Looks like something from the early twenties, then the WW2 thing.
Fri Jan 6, 2012, 10:30 AM
Jan 2012

Was at first punishable but now not punishable as I read the details:

http://en.wikipedia.org/wiki/United_States_Flag_Code

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