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Judge Roy Moore, who could get elected in Alabama even if he burned Bear Bryant in effigy, says it's against the law to not stand during the national anthem. The man knows his Law
Judge Roy Moore, who could get elected in Alabama even if he burned Bear Bryant in effigy, says it's against the law to not stand during the national anthem. The man knows his Law
(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) 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.
wouldn't withstand a SCOTUS challenge, but there it is.
The word "should" gets used repeatedly in that code and there's no guideline on what the punishment is for not standing. So no, he's not 'technically correct'. If he were 'technically correct', it would also be against the law to slouch during the anthem, to not remove your hat, to not place your hand over your heart, to face the wrong direction, or to use your left hand by mistake.
Furthermore the SC, as you know, has ruled that burning the flag is protected speech (Scalia agreed). I hardly think it was therefore intended that not standing for the anthem is a criminal act.
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