In true Trumpian fashion, Republican Alabama Senate candidate Roy Moore has stood up (in a manner of speaking) for the national anthem by implying that those who do not stand at attention as the anthem plays are in violation of federal law. Whether kneeling is a lack of patriotism or a demonstration of it is a matter of judgment, but whether kneeling violates, or even can be considered a disrespect of, federal law is not.
I’m no lawyer, but I understand that the section Moore cites and similar sections are not binding, as other sections are.
Section 301 designates “The Star-Spangled Banner” as the national anthem and outlines what the behavior of those present “should” be, but it certainly doesn’t require them to do so.
Failing to observe National Poison Prevention Week (Section 130) or Pan American Aviation Day (Section 134), either consciously or out of ignorance of their existence, or deciding against participating in the Carl Garner Federal Lands Cleanup Day (Section 104) does not put you in violation of federal law. Would Moore argue that not observing these days is a violation of or shows a “disrespect for” the rule of law? I think not.
To be fair, Moore says that kneeling shows disrespect for the rule of law, not that it violates the rule of law. But would he also argue that failing to commemorate Thomas Jefferson’s birthday with “appropriate ceremonies” (Section 141) shows a disrespect for the rule of law? He might argue that it shows a disrespect to the man’s legacy, but to the rule of law?
The argument that kneeling in protest during the anthem is disrespectful to our country and our military has some legitimacy, but the argument that it disrespects the rule of law does not.
Who is Carl Garner, anyway?
Jeremy Beaman (@JW_Beaman) is a contributer to the Washington Examiner’s Beltway Confidential blog. He is a senior at the University of Mobile and a former commentary desk intern with the Washington Examiner.
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