Roy Moore: NFL Players Who Refuse To Stand For The Anthem Are Breaking The Law, You Know

Hot Air ^ | October 18, 2017 | Allahpundit

[C19fan]

Anyone within a mile of libertarianism on the political spectrum will dry-heave upon reading this but I admire the cunning behind his pander. Moore could have gone with a tried-and-true call to arrest all flag-burners, as there’s a large audience receptive to that argument within the GOP, but it wouldn’t have been topical. Nationalists would appreciate it but it’d have no bite. Suggesting that the Kaepernicks of the world are guilty of a federal offense while the debate over NFL anthem protests is raging, though?

[Kazan]

What law?

https://www.law.cornell.edu/uscode/text/36/301

(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;

He shouldn't have gone there but he is correct about the law.

[Zathras]

Moore is going to be targeted by every got-ya journalist in the country.
He has this in the bag if he is more careful what he says.

Obama never told people he was going to open trade with Cuba, target police officers and tax payers.
There is a reason he didn’t say these things.

[bigbob]

Correct. Any Law 1 student learns that “should” is not a Word of Obligation.

[Kazan]

Moore’s wrong.

Legally, he's right:

https://www.law.cornell.edu/uscode/text/36/301

[cgbg]

Yeah—that was a new one to me too.

Just think of how many laws we violate every day that we didn’t even know existed!

[Bull Snipe]

I would disagree. The law uses the terms “may” and “should”. It does not use the terms “will” and “must”.
To me this means that those actions stated in the law are at the individuals option and are not legally mandated.

[chris37]

Non-stop, all the time.

Way too many laws, way too many politicians.

I’d like to see a bunch of laws eliminated, and the same for politicians.

I mean, I’d like to see their positions eliminated, not them personally, because to think that would be absurd!

[Kazan]

The language of the law says "should", not "must" or "shall".

This is like Bill Clinton speculating what the definition of is should be.

Moore never suggested anyone be arrested for not standing.

[Jim Noble]

What does he think about “real rape”?

[rrrod]

I saw the video of him saying that.....face it Moore is a total whack job.....

[Kazan]

The players have a Constitutional right to protest the way they do.

The absolutely do not have a right to protest on their employer's time.

[the_Watchman]

It may come down to what Moore actually said. The media is really bad a quoting people verbatim. Based on the word “should”, it would probably have been correct to state that the non-compliant players were “flaunting” the law.

[heterosupremacist]

#9 gdani wrote ~~~ He should be able to slide into office by toning it down I think that ship sailed when he said America deserved 9/11. He said that? Unimaginable! Can you post a link for context?

[Stentor]

If the rats can have Bizarro Dale Evans, we can have one of my porch sitting uncles.

[Sir Napsalot]

Hey, Allahpundit,

How did you make it to the Salon's 25 'conservatives' to follow list?

Here is the relevant paragraph link here -

U.S. Code › Title 36 › Subtitle I › Part A › Chapter 3 › § 301 36 U.S. Code § 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) 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. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 110–417, [div. A], title V, § 595, Oct. 14, 2008, 122 Stat. 4475.)

Please check the link, as the copy and paste totally scrambled the format.

So was Roy Moore right who said "athletes who take a knee are breaking law"? Did Roy Moore suggest how the law should be enforced?

[Kazan]

Words have meanings, but evidently you are not familiar with the legal meaning of the word “should”.

Where did Moore say anyone not standing should be arrested or criminally punished?

The recommendation to stand IS part of the law.

[Jim Noble]

The players have a Constitutional right to protest the way they do

If a UPS guy comes to your door to deliver a package, and then pulls out a bullhorn to announce to your neighborhood that UPS sucks and Fedex is much better, he unquestionably has a constitutional right to say that. UPS, however, unquestionably has a constitutional right to fire him.

[gdani]

Any Law 1 student learns that “should” is not a Word of Obligation.

And then they learn in Con Law that the Government cannot compel people to be patriotic, salute a flag, etc. Although some here apparently wish Big Government could.

[bigbob]

FReepers being ignorant of the law is understandable, but why is a former judge saying ignorant things like this?