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Thu Jan 5, 2012, 10:34 PM

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, 3070 views

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Always highlight: 10 newest replies | Replies posted after I mark a forum
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Arrow 12 replies Author Time Post
Reply Did you know this law existed? (Original post)
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, 10:35 PM

1. Magna Carta

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Response to dmr (Original post)

Thu Jan 5, 2012, 10:44 PM

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. For example, Jehovah's Witnesses do not stand for or sing the national anthem.


http://en.wikipedia.org/wiki/The_Star-Spangled_Banner

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Response to rgbecker (Reply #2)

Thu Jan 5, 2012, 11:46 PM

7. +1

http://uscode.house.gov/download/pls/36C3.txt

(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'.

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Response to X_Digger (Reply #7)

Fri Jan 6, 2012, 07:25 AM

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, 10:44 PM

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, 10:44 PM

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.

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Response to AnotherMcIntosh (Reply #4)

Thu Jan 5, 2012, 11:52 PM

8. Obviously, you've never met my Mother.

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Response to dmr (Original post)

Thu Jan 5, 2012, 10:52 PM

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, 07:28 AM

11. And mine forbids idle worship..

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Response to dmr (Original post)

Thu Jan 5, 2012, 11:27 PM

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, 12:09 AM

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.

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Response to dmr (Original post)

Fri Jan 6, 2012, 09:30 AM

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

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