Fact of the day — 36 U.S. Code § 301 – National anthem

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U.S. Code › Title 36 › Subtitle I › Part A › Chapter 3 › § 301
36 U.S. Code § 301 – National anthem
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) 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.
“The Star-Spangled Banner” was recognized for official use by the United States Navy in 1889, and by U.S. President Woodrow Wilson in 1916, and was made the national anthem by a congressional resolution on March 3, 1931 (46 Stat. 1508, codified at 36 U.S.C. § 301), which was signed by President Herbert Hoover.
h/t MaximusRex

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20 thoughts on “Fact of the day — 36 U.S. Code § 301 – National anthem

  1. All these players have voided their contract and the NFL has voided their contract with the DoD.
    Excerpt from the NFL league rule book, pages A62-63:
    “The National Anthem must be played prior to every NFL game, and all players must be on the sideline for the National Anthem.
    “During the National Anthem, players on the field and bench area should stand at attention, face the flag, hold helmets in their left hand, and refrain from talking. The home team should ensure that the American flag is in good condition. It should be pointed out to players and coaches that we continue to be judged by the public in this area of respect for the flag and our country. Failure to be on the field by the start of the National Anthem may result in discipline, such as fines, suspensions, and/or the forfeiture of draft choice(s) for violations of the above, including first offenses.”
    Thanks to Margaret Lovett for pointing this out.

    • Didn’t the NFL’s contract with the DOD end?
      Also, the 1st Amendment guarantees my right, and ANYBODY elses right, to not only kneel, sit or lay down during the national anthem, but to burn the flag as well. So, you can either support the 1st amendment and the repugnant speech it breeds, or you can cozy up to Antifa and make exceptions to Free Speech.

      • And on that basis you have admitted to “WE THE PEOPLE”.
        That you are a communist sympathizer and are henceforth.
        A TRAITOR.
        Airports have flights leaving this country every day.
        Maybe you should book a flight soon.

        • Do you know how ridiculous you sound about this ‘Communist’ BS?
          You are 60 years out of date, you do not have to duck and cover every time someone farts.
          McCarthy is dead.

          • Do you understand.
            I don’t give a damn about you or your communism.
            And communism still lives today, Irregardless of
            McCarthy being dead.
            All your good at is trolling.

          • Oooh aren’t we snarky.
            “Opinions are like orgasms… mine matters most and I really don’t care if you have one.”
            — Sylvia Plath

      • Two points: I don’t know whether the DoD contract has ended.
        The rules of the NFL have not changed and the players and teams have to abide by the rules. NFL could fine them billions!
        2 Your first amendment rights have nothing to do with the contract and rules of the NFL. If the player contracts have a behaviour clause, then you can protest all you like, but only within the confines of the contract.
        Your contract with your employers will be cancelled if you break the contract.
        You contract to abide by the rules. If you break the rules you are fired.
        If you refuse to wear a uniform at McD’s then you get fired.
        See how easy it is.
        Nothing to do with your ‘free speech’ rights!

  2. Is the author implying that persons (e.g., active duty or retired military, general public), are required to stand when the national anthem war song is played? I hope not.
    The operative words are “should” and “may”, which in legal parlance means “recommended” or “optional” but not mandatory. If you see the words, “shall” or “must” then such language means “required to perform”.
    The bottom line is no one is forced to stand, display, or give fealty to government symbols, including the flag or the American war tune of death and destruction. Finally, I direct your attention to the 9th amendment to the U.S. Constitution which “trumps” (no pun intended) any federal statute subordinate to it.
    To wit, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” That means the unalienable right to tell the corrupt federal government to take a hike, especially when it no longer serves the people.

    • ‘Should’ does not appear in ‘Legal Dictionary’ and redirects to ‘Shall’. Even ‘Shall’ can be conditional and not always mandatory.
      shall (redirected from should)
      Also found in: Dictionary, Thesaurus, Financial, Acronyms, Idioms, Wikipedia.
      v. 1) an imperative command as in “you shall not kill.” 2) in some statutes, “shall” is a direction but does not mean mandatory, depending on the context.
      Cannot use ‘May’ as synonym for should as they have different meanings.

      • You’re misunderstanding the intent of this statute. The rules of statutory construction are primarily based upon what an ordinary or reasonable person would comprehend its meaning. This is known as the “plain meaning” interpretation.
        For example, if I said, “You should exercise every day,” it means what it says which is a suggestion to perform an act beneficial to you health. It is not a command to do so, but a recommendation. However if I said, “You shall (or must) exercise everyday”, that meaning is clear as it is an order to act with no ambiguity.
        The other important thing is that failure to comply with a law results in fines, penalties or even incarceration. There is no such provision in this national anthem statute. This is another reason why compliance under this law is not mandatory.

  3. For human Tragedy.
    And on that basis you have admitted to “WE THE PEOPLE”.
    That you are a communist sympathizer and are henceforth.
    Airports have flights leaving this country every day.
    Maybe you should book a flight soon.

  4. PJ London
    Do you understand.
    I don’t give a damn about you or your communism.
    And communism still lives today, Irregardless of
    McCarthy being dead.
    All your good at is trolling.

  5. It matters not that that liberal are not intelligent enough to understand communism and what it does to people. Or that they laugh at a communist label.
    What matters is that we make the communist known.

    • The left knows socialism/communism has never worked in the past. But, like obozo, their ego is extremely overly inflated, and they believe they are smarter than anyone is, or has ever been. They think they can make it work.(at least make it appear so) They don’t care who they use & abuse along the way. The left has convinced their supporters, with lies & deceit, that their way is the only way. And anyone who opposes them is racist, fascist Nazis. Everything they stand for (but will never admit). I believe that is one of the ‘Rules for Radicals’, “Accuse the opposition of the corrupt things you are doing, before they can accuse you.” When the left supports homosexuals and muslims, anyone with any intelligence should suspect something is wrong.

      • Agreed.
        And just a little addition to your words. When it fails again this time.
        You will hear the usual excuse “It wasn’t done right”.
        I had an epiphany a little while ago. Discussing the events of the last few months. A new thought came into my mind.
        This is the Divine Providence that the founders experienced.
        I believe that God has decided we needed a few Blessings as well.
        It is wondrous how now the liberal Communists are clamoring all over the 1st amendment, when a short time ago they were telling us how awful it was.
        Things are defiantly changing..now.

  6. OK you can exercise your rights to be disrespectful for the flag and the national anthem go right ahead and do your thing……
    Your thing is showing disrespect all those who died for U.S.A. and the flag and the Constitution for what it stands then let me say that maybe you should leave and go some place else! (like Hell), I am sick and tired of all this political BS! I don’t know of any slave owners or any slaves in the USA today! Quit trying to tare this country down and divide US. Trump is right and this has nothing do do about the color of your skin.

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