Did Obama break the law?

[liberal N proud]

How Barack Obama Broke the Law
Do you really need to put your hand on your heart during the national anthem?
By Torie Bosch

Some conservative bloggers are furious about a photo showing Democratic presidential candidate Barack Obama without his hand on his heart during the playing of "The Star-Spangled Banner." Obama has countered that the photo was taken during the national anthem, not the Pledge of Allegiance—so he didn't have to. Is that true?

No. According to U.S. law, a civilian like Obama is supposed to stand up when the anthem is played, take off his hat, face the flag, and put his right hand over his heart. Members of the military can keep their hats on and salute instead of placing their hands on their hearts.

The rules of conduct regarding the anthem, the pledge, and the American flag weren't always a matter of law. At first, they were just tradition. "The Star-Spangled Banner" lyrics were originally written during the War of 1812. Later in the 19th century, the Army and Navy both began to use it during ceremonies, but it only became the congressionally recognized national anthem in 1931. Meanwhile, the Pledge of Allegiance was first used in public schools in 1892 to celebrate Columbus Day and only made it into the law books in the 1940s.
http://www.slate.com/id/2177887/?GT1=10636


TITLE 36 > Subtitle I > Part A > CHAPTER 3 > § 301
§ 301. National anthem

(a) Designation.— The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.
(b) Conduct During Playing.— During a rendition of the national anthem—
(1) when the flag is displayed—
(A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart;
(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and
(C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; 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.

http://www4.law.cornell.edu/uscode/html/uscode36/usc_sec_36_00000301----000-.html

[bigscott]

1. because this is the biggest problem facing the nation these days?

:wtf:

[MethuenProgressive]

14. WTF? Is this a rewrite of the smear emails against Obama? (nice Edwards logo in your post)

We don't need this shit posted here on DU.

edit: noticed who was spreading this smear

[Debi]

18. On the front page of MSN

:eyes:

[liberal N proud]

31. Notice, I posted the code which says SHOULD

To me that is not a law saying that I MUST but rather a recommendation. And I was posting it hear to support his right to do as he chooses.
I will stick for any or all the candidates when they are being smeared as this obviously was intended by the corporate media.

[RichGirl]

2. There is also...

A picture floating around that has Bush with his hand over his stomach during the National Anthem. If the freeps think this is grounds for impeachment I'll be willing to sacrifice Obama!

[MADem]

3. SHOULD face, should remove, should stand--sounds like a recommendation to me.

I don't see any SHALL or MUST, nor any punishment for not following this procedure either.

Heck, they don't require it in schools; kids can sit it out if they want--if there's no penalty, it falls more in the area of a suggestion....

[BushOut06]

9. Exactly - it's not LAW, it's merely stating what they would like people to do

I don't recall anyone ever being charged for not standing or placing their hand over their heart for the anthem.

Much ado about nothing. Let the freepers work themselves into a frenzy over it, it's so far beneath our level.

[MADem]

26. The Supreme Court has overruled this "law" too. The First Amendment triumphs.

This does fall in the 'suggested' category. Per the very cite that started this brouhaha:

Though the procedure for listening to the national anthem is spelled out in the U.S. Code, you can't be punished for breaking the rules. That would likely be considered a violation of the First Amendment. For instance, the Supreme Court ruled that Jehovah's Witnesses had the right to skip the pledge.

[alofarabia]

4. That's crazy...

The law, if that's what it is, that you cite says what people "should" do, not what they must do. It's a stated preferance for action, not a requirement. And if it's free speeech to burn a flag, certainly no one could be arrested for failing to put a hand over their heart. I'm not an Obama fan, but this post is a red herring.

[liberal N proud]

5. This is how they muddy the waters

They take the candidate on the left and find any little crack in their perfection and exploit it. If necessary they will make up shit.
I am no fan of Obama either but I must stick up for him here. You are correct, there is nothing in the Code that says you must cover your heart.

[LWolf]

6. I he broke that law, I've broken it more often.

Want to cuff me now or later?

[tanyev]

13. And I plan to continue breaking that law.

[burythehatchet]

7. I was mistaken then

I thought you had to extend your right arm straight out and say something like Sig Heil

[Justice]

8. Sporting Events: Law Broken At Every Game by Attendees

Next time you go to a sporting event, watch the crowd during the National Anthem. People don't take off their cap, and don't put their hands over their heart. More people do it now than before 9/11 but alot of people don't do it.

Are we going to take pictures now at sporting events and arrest people?

[incapsulated]

11. Missed your post, yeah exactly

People just stand at games.

[liberal N proud]

16. Watch the athletes at a sporting event

Many if not most of them just stand there.

[FreeStateDemocrat]

24. The pictures are already being taken everywhere you go. Big Brother is watching.

[incapsulated]

10. I had no idea this was a law

A lot of Americans break it all the fucking time, then. Anyone who has been to a sports game of any kind knows most people just stand.

[Vickers]

12. OK, I say we throw Obama in jail, and *then* we go after Bush for

illegally invading a sovereign country.

:eyes:

[hijinx87]

15. the argument was never that it was illegal

the argument was that it was a breach of protocol that
some would find unseemly in a presidential candidate.

no harm and no foul on this one, although this does sort
of slam dunk his explanation.

[Connie_Corleone]

17. NO ONE was facing the flag during the anthem.

ALL OF THEM SHOULD GO TO JAIL!!!!!!!

Can we get back to the real issues?

[hijinx87]

19. sure.

you wanna talk about tip-gate or plant-gate? :evilgrin:

[Debi]

20. Isn't there laws about the flag not being used as decoration?

Which the one in the suspect photo obviously was AND why wasn't anyone else facing the flag? Seems ALL were at fault, Senator Tom Harkin for displaying the flag as a decoration, and every candidate who didn't address the flag.

What BS.

[MADem]

25. Flag etiquette says you should display ONE flag, not use them as 'bunting'

If you want a patriotic theme, you USE bunting--you know, that red, white and blue "runner" cloth that is used to drape stages and make backdrops...or used to be, before BushCo decided that if one flag, properly displayed and lit, was good, then FIFTY IN A BIG FUCKING ROW must be BETTTER!

Patriotism--or in the case of people complaining about this shit, FAUX patriotism: It is the last refuge of scoundrels.

FWIW, I am undecided, haven't picked a candidate yet, but bullshit is bullshit--and this kind of charge is bullshit.

[Debi]

27. AMEN!!

:hi:

[MalloyLiberal]

21. You're doing Edwards a disservice

[liberal N proud]

23. How?

By pointing out the right wing media attacks on the left?
I don't care which candidate they try to smear, if they are wrong, I will stand up for them and the truth.
I still support Edwards but I would like to see Obama as his running mate, but I will even defend Hillary if the attacks are not valid.

[ecstatic]

22. .. Slanderous photo

[Bright Eyes]

28. Is this the best you can do?

To smear Obama?

[liberal N proud]

29. Who said I was smearing him?"

Actually I was posting this is support of the man. Although he is not my candidate of choice, I will stick for what is right regardless.
And besides, I think he would make a great No 2 behind Edwards.

[Bright Eyes]

32. Apologizes.

I must have mis-read. Sorry.

[Basileus Basileon]

30. "should" is a recommendation and a statement of preference. It is not mandatory.