Barack Obama and "The Star Spangled Banner"

A compilation from Show Me Progress:

Of all the dumb things...
The Raw Story

...Democratic presidential contender Sen. Barack Obama is again facing questions about his patriotism from some conservative blogs -- this time for apparently failing to put his hand over his heart during a rendition of the national anthem at an Iowa campaign event....

I was there. I wrote about this over a month ago (and also at MyDD):

...A singer performed the national anthem with pre-recorded accompaniment. Her rendition was heartfelt and definitely unique. Most people would have had difficulty singing along with her. I noticed that all of the candidates except Obama held their hands over their hearts. Obama held his hands folded in front of him throughout [This is not criticism - the "hand over the heart" looked awkward on the stage - I was standing in the same fashion as Obama]...

Barack Obama stood respectfully for the "Star Spangled Banner" and paid respectful attention to the singer.

Did I somehow miss the memo concerning the orthodoxy of our demeanor during any and all renditions of our national anthem?

Only an idiot would question the patriotism of any individual active in public service. Only the idiot spawn of an idiot would question the patriotism of a United States Senator. Only the heir to the throne of the Kingdom of Idiots would question the patriotism of a presidential candidate.

Now, does anyone around here have any remaining doubts that the right wingnuts will go after the Democratic Party's presidential nominee, no matter who that is?

The act of public service, or serving as a United States Senator, or running for president is inherently patriotic. And each certainly trumps the self righteous pearl clutching mouth covered gasps of the Mighty Wurlitzer and their cable network enablers.

The stupid, it burns.

======
October 25, 2007

Those who ignore history are, well....stupid

[October 24th] I wrote about the rank stupidity of what passes for enlightened political discourse in our country: Barack Obama and "The Star Spangled Banner"

The Raw Story
...Democratic presidential contender Sen. Barack Obama is again facing questions about his patriotism from some conservative blogs -- this time for apparently failing to put his hand over his heart during a rendition of the national anthem at an Iowa campaign event....

In 1943, at a time when we were at war, the United States Supreme Court had a thing or two to say about "required" displays of patriotism.

WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624

Justice Jackson wrote:

...The Board of Education on January 9, 1942, adopted a resolution containing recitals taken largely from the Court's Gobitis opinion and ordering that the salute to the flag become 'a regular part of the program of activities in the public schools,' that all teachers and pupils 'shall be required to participate in the salute honoring the Nation represented by the Flag; provided, however, that refusal to salute the Flag be regarded as an Act of insubordination, and shall be dealt with accordingly.' 2 [319 U.S. 624, 627] The resolution originally required the 'commonly accepted salute to the Flag' which it defined. Objections to the salute as 'being too much like Hitler's' were raised by the Parent and Teachers Association, the Boy and Girl [319 U.S. 624, 628]  Scouts, the Red Cross, and the Federation of Women's Clubs. 3  Some modification appears to have been made in deference to these objections, but no concession was made to Jehovah's Witnesses. 4  What is now required is the 'stiff-arm' salute, the saluter to keep the right hand raised with palm turned up while the following is repeated: 'I pledge allegiance to the Flag of the United States of [319 U.S. 624, 629]  America and to the Republic for which it stands; one Nation, indivisible, with liberty and justice for all.'...

The approved gesture was alarmingly similar to fascist salutes. In 1943. Note the "approved" text of the pledge.

...Symbols of State often convey political ideas just as religious symbols come to convey theological ones. Associated with many of these symbols are appropriate gestures of acceptance or respect: a salute, a bowed or bared head, a bended knee. A person gets from a [319 U.S. 624, 633]  symbol the meaning he puts into it, and what is one man's comfort and inspiration is another's jest and scorn....

...Whether the First Amendment to the Constitution will permit officials to order observance of ritual of this nature does not depend upon whether as a voluntary exercise we would think it to be good, bad or merely innocuous. Any credo of nationalism is likely to include what some disapprove or to omit what others think essential, and to give off different overtones as it takes on different accents or interpretations. 14  If official power exists to coerce acceptance of any patriotic creed, what it shall contain cannot be decided by courts, but must be largely discretionary with the ordaining authority, whose power to prescribe would no doubt include power to amend. Hence validity of the asserted power to force an American citizen publicly to profess any statement of belief or to engage in any ceremony of assent to one presents questions of power that must be considered independently of any idea we may have as to the utility of the ceremony in question....

....National unity as an end which officials may foster by persuasion and example is not in question. The problem is whether under our Constitution compulsion as here employed is a permissible means for its achievement.

Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men. Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. [319 U.S. 624, 641]  As governmental pressure toward unity becomes greater, so strife becomes more bitter as to whose unity it shall be. Probably no deeper division of our people could proceed from any provocation than from finding it necessary to choose what doctrine and whose program public educational officials shall compel youth to unite in embracing. Ultimate futility of such attempts to compel coherence is the lesson of every such effort from the Roman drive to stamp out Christianity as a disturber of its pagan unity, the Inquisition, as a means to religious and dynastic unity, the Siberian exiles as a means to Russian unity, down to the fast failing efforts of our present totalitarian enemies. Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.

It seems trite but necessary to say that the First Amendment to our Constitution was designed to avoid these ends by avoiding these beginnings. There is no mysticism in the American concept of the State or of the nature or origin of its authority. We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.

Justice Jackson reminds us of what the Constitution means, even in a time of war:

...If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us....

"...If there are any circumstances which permit an exception, they do not now occur to us...." In a time of war, no less. In 1943.

"...no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion..." Powerful words. To believe otherwise would be, well....un-American.



Display:


That's Nothing (2.00 / 1)

There's Breaking News right now that a close adviser to a rival campaign overheard Senator Barack Obama  passing gas. It was a faint sound, but witness sources confirm that in fact, there was a slight odor where he was standing and it had to be him.


"I don't oppose all wars...what I do oppose, is a dumb war" ~ Barack Obama
by BlueDiamond on Fri Oct 26, 2007 at 08:54:31 AM EST

Re: That's Nothing (none / 0)

He could always come back with a snappy rebuttal.


by dblhelix on Fri Oct 26, 2007 at 09:24:00 AM EST
[ Parent ]

Re: (none / 0)

Sorry -- but Obama would be easiest to swiftboat, and I'm not that confident he would survive it v. the GOP.

Edwards is close second on getting creamed by the GOP, though i think Edwards would have an easier time fighting back


vote blue in 2008
by sepulvedaj3 on Fri Oct 26, 2007 at 10:31:24 AM EST

Re: (none / 0)

Is this just your opinion, or do you have a crystal ball?


by Mystylplx on Fri Oct 26, 2007 at 12:04:20 PM EST
[ Parent ]

Re: (none / 0)

you dont need a crystal ball to see what the repugs will do.

they'll place the racism card, which is despicable, but so are repugs

they'll play on the stupid pin non issue, and couple that with this, and its an even bigger swiftboat smear.

they'll play on debunked madrassa bullshit

are you really that delusional to think the repugs wont go even further?


vote blue in 2008
by sepulvedaj3 on Fri Oct 26, 2007 at 02:06:07 PM EST
[ Parent ]

Re: (none / 0)

I imagine they'll do whatever they think they can get away with. But Barack Obama's not John Kerry, and they have PLENTY to swiftboat Hillary withh too. The question isn't whether the repugs will try to swiftboat whatever candidate gets nominated--they will--the question is which candidates have the most baggage for them to use. Are you really that delusional to think Monica Lewinsky won't be brought up again and again if Hillary is the nominee?


by Mystylplx on Fri Oct 26, 2007 at 02:39:13 PM EST
[ Parent ]

Re: (none / 0)

I have trouble believing that you think any attack that has "Monica Lewinsky" in it aimed at Hillary Clinton would actually be effective?   It is old stuff.  Not only that, people are fully aware of the issues and aren't likely to be swayed by someone warming it up again.  To the contrary, they are likely to say "Boy, Giuliani must be pretty desperate if he uses that old stuff."    Contrast to the rich canvas Obama provides.  They have OLD stuff they can run with, Obama's partying days, cocaine use.  It will be somewhat effective only because it is not well known as of yet amongst the larger electorate.  There is a stigma attached to cocaine use that is not in the same category as pot use, not even close.   But the key here is that even though the events are OLD, the info would be NEW to most in the general electorate, which is key to swiftboating (the stuff they tried to hang on Kerry was ancient, but news to most.)    Who knows how effective going after Obama for his previous party ways and cocaine use?  After all, we can rebut that Bush was known to be a heavy party drinker himself and "cleaned up."  Also, Obama has led an exemplary life after those days, and has beautiful daughters and a good family life to show for it.   But the GOP will attempt to cartoonize Obama and try to make his past into a package using recent "patriotic" issues, that then culminates into a characterization of an aloof, snotty, bratty, non-conforming (with standard patriotic tradition) person who can't be trusted to be Commander-In-Chief.    

Would it be effective?  Probably only to the extent that it convinces the Republican base and some right-leaning Independents, many of who believe strongly in gestures related to the flag, hand on the chest during the anthem, hand on the bible, saluting military, etc. stuff.  

All our candidates will be hit with attacks.  The relative newness of anything they'll try with Obama and Edwards (as neither is that well known) would IMO make it more potentially effective than anything they might try with Lewinsky, Whitewater, Travelgate.


by georgep on Fri Oct 26, 2007 at 04:17:56 PM EST
[ Parent ]

Re: (none / 0)

But it would be a new spin. They will question how a woman could stay married to a man who repeatedly cheats on her. They'll use it to call into question her judgement instead of using it to attack her husbands "moral values." They'll also suggest that since everyone (on the talk shows anyway) knows that "once a cheater, always a cheater" then that means it's bound to happen again. They'll put the fear of another scandal filled administration into the heads of independant voters.

And that argument will certainly have more teeth in it than questioning Obama's not wearing the flag pin or folding his hands instead of placing it on his heart.

People still remember the Clinton scandals with a lot of distaste. There hasn't been much mention of them throughout the primary, but they'll definitely get dredged back up again, with a new coat of paint, for the GE.


by Mystylplx on Fri Oct 26, 2007 at 04:26:33 PM EST
[ Parent ]

Re: (none / 0)

Well, I disagree.  Those personal attacks like "staying with a cheater" and "once a cheater, always a cheater" would certainly backfire dramatically.  The dynamics that would be involved there are not conducive to that type of attack at all.

They can go after Obama's past and current actions without involving his family in any way, which is what would give such an attempt more traction and much less chance to backfire.    


by georgep on Fri Oct 26, 2007 at 04:53:43 PM EST
[ Parent ]

Re: (none / 0)

Going after family is usually a bad idea, but not in Hillary Clintons case. He himself is a politician and was the President, so I suspect he will be considered fair game.

But like I said, they won't go after him directly--they'll go after her and play on peoples prejudices about women who stay married to men who repeatedly cheat on them. There is a strong stereotypical image of such women and they'll paint her in the colors of that stereotype.

I still think she'll win though, if she's the nominee, which looks more and more likely.


by Mystylplx on Fri Oct 26, 2007 at 05:00:33 PM EST
[ Parent ]

Re: (none / 0)

the only thing is that HRC's swiftboating will be old news, whereas for Obama, it will all be fresh and ripe.


vote blue in 2008
by sepulvedaj3 on Sat Oct 27, 2007 at 12:37:14 PM EST
[ Parent ]

Re: (none / 0)

Old news--fresh spin. And any attempt to swiftboat Obama will be silly things like the flag pin that have little emotional impact. But the image of a woman who 'stands by her man' in spite of numerous affairs is not an image most people would think is congruent with being commander n chief. That one has teeth.


by Mystylplx on Sat Oct 27, 2007 at 01:04:31 PM EST
[ Parent ]

Re: (none / 0)

They'll also use it to question her strength. They'll subtly paint her as an abused wife who doesn't have the courage to get out of a failed marriage. Either that and/or they'll paint her as an opportunist staying in a marriage of convenience for the sake of naked ambition.

Of course all of that is typical republican nonesense, but it's what they'll be saying, and there's lots of people who don't understand why she's still married to a man who cheats on her repeatedly. Lot's of them will emotionally feel that a woman who can't stand up to her own philandering husband will certainly not be able to stand up to the pressure of being commander -n- chief.


by Mystylplx on Fri Oct 26, 2007 at 04:45:59 PM EST
[ Parent ]

Re: (none / 0)

I disagree.  I doubt it would even be attempted at all, but if it were, it would bring the GOP campaign down several notches.


by georgep on Fri Oct 26, 2007 at 04:55:00 PM EST
[ Parent ]

Re: (none / 0)

It won't be the repug candidate who makes that argument any more than it was GWB who headed up the swift-boat campaign against John Kerry. The repug candidate will never even mention it--others will do it for him. And it's a powerful argument for many middle Americans--What kind of woman stays with a man who cheats on her over and over and over again? Is this the kind of woman we want to be the first woman President?

It's sick and it's sad, but it's true. As I said, I think she can overcome it, but she's still the candidate who's most vulnerable to being swift-boated.


by Mystylplx on Fri Oct 26, 2007 at 05:04:41 PM EST
[ Parent ]

Re: (2.00 / 1)

Said the guy supporting the candidate who has made scandals an art form.  Bill had the charm to handle it... Hillary not so much.  And Obama has nothing to swiftboat.  


http://www.imvotingrepublican.com/ McCain Sucks!
by yitbos96bb on Fri Oct 26, 2007 at 12:05:15 PM EST
[ Parent ]

Re: (none / 0)

you're completely nuts if you dont think the repugs will swiftboat Obama and make this really ugly. STEP BACK INTO REALITY!


vote blue in 2008
by sepulvedaj3 on Fri Oct 26, 2007 at 02:06:41 PM EST
[ Parent ]

Re: (none / 0)

They'll try to swiftboat whoever is the nominee. And Hillary is the most 'swiftboatable.'


by Mystylplx on Fri Oct 26, 2007 at 02:40:09 PM EST
[ Parent ]

Re: (none / 0)

i disagree 100% --  everything on Hillary will be old news, whereas Obama will be fresh and new.  People will tire about hearing monica this, or lincoln bedroom that, because its been beaten to death.  Plus, I think HRC is tougher and has been dealing with things right now with a velvet glove, and once the GE comes along, the gloves will come off.


vote blue in 2008
by sepulvedaj3 on Sat Oct 27, 2007 at 12:39:33 PM EST
[ Parent ]

It doesn't matter, but (none / 0)

it did look funny, and I could sort of see the swiftboat commercials from a mile away.  Do you think it's the Hawaian upbringing?  It seems natural to put your hand over your heart for the star spangled banner. Of course, it doesn't mean anything about patriotism.


by bookgrl on Fri Oct 26, 2007 at 12:06:56 PM EST

Re: It doesn't matter, but (none / 0)

I had an interesting conversation about this subject with an individual yesterday. We were at a political event. She remarked that in her upbringing they weren't allowed to put their hands over their heart.

The point of all of this is that there is no "official" or correct explicit orthodoxy when it comes to public displays of patriotism. And if there were, who decides what that is? If someone is respectful, what's the problem?

Just right wingnuts perpetuating idiocy...


543,895 votes
by Michael Bersin on Fri Oct 26, 2007 at 12:27:36 PM EST
[ Parent ]

Obama and "The Star Spangled Banner" (none / 0)

Just another example of Obama's lack of political experience.


by hwc on Fri Oct 26, 2007 at 12:15:59 PM EST

Re: Obama and "The Star Spangled Banner" (none / 0)

How so?

It appears to me to be a tempest in a teapot stirred up by right wingnuts. The orthodoxy they insist on is antithetical to the principles of our nation.


543,895 votes
by Michael Bersin on Fri Oct 26, 2007 at 12:30:20 PM EST
[ Parent ]

Re: Obama and "The Star Spangled Banner" (none / 0)

Every politician since the beginning of time knows that you patriotically clutch your bosom during the playing of the national anthem. I mean this is just basic, basic stuff...like kissing babies and marching in 4th of July parades.

Sure, you can be an idiot and go for "the new paradigm", but why make trouble for yourself? Just clutch your damn bosom and get on with it.


by hwc on Fri Oct 26, 2007 at 01:02:36 PM EST
[ Parent ]

Re: Obama and "The Star Spangled Banner" (none / 0)

Kissing babies is a trickier skill than you might think.

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"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Fri Oct 26, 2007 at 01:50:04 PM EST
[ Parent ]

Re: Obama and "The Star Spangled Banner" (none / 0)

PS: Of course, it's a tempest in a teapot. That's what opponents do in political campaigns. Experienced candidates know better than to hand their opponents freebies like that.

Calling the war on terror a bumper sticker. Taking off your flag pin to protest the war. Failure to clutch your bosom during the anthem. Pretty soon you've given the Republicans all the ammunition they need to Dukakis you in the general election. For what? Where's the upside?


by hwc on Fri Oct 26, 2007 at 01:05:15 PM EST
[ Parent ]

Re: Obama and "The Star Spangled Banner" (none / 0)

Where's the upside?

I'm an Obama supporter and I completely agree with you here.  If this was a one-off incident I would say that nothing will come of it.  No big deal.  If, however, Obama does this all the time to make some sort of statement, well, he might as well just quit his campaign now.  Honestly.  It's just a matter of time before this ticking time bomb goes off.  And it will go off, you can be sure of that.    


by Will Graham on Fri Oct 26, 2007 at 01:13:32 PM EST
[ Parent ]

Re: Obama and "The Star Spangled Banner" (none / 0)

The simple fact of the matter is that, if you want to run for President, you better be fully prepared to embrace "Mom, Apple Pie, and the American Flag" and the symbolism associated with all of the above. It is what it is. Only a fool thinks otherwise.


by hwc on Fri Oct 26, 2007 at 02:55:26 PM EST
[ Parent ]

Re: Obama and "The Star Spangled Banner" (none / 0)

Agreed.


by Will Graham on Fri Oct 26, 2007 at 04:00:43 PM EST
[ Parent ]

Re: Barack Obama and The Star Spangled Banner (2.00 / 1)

Gentlemen absolutely must remove their hat for the national anthem.  Everything else is negotiable.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Fri Oct 26, 2007 at 01:03:51 PM EST

Re: Barack Obama and The Star Spangled Banner (none / 0)

Gentlemen absolutely must remove their hat for the national anthem.  Everything else is negotiable.

But, they don't. There's a major league franchise in my area. I've attended a small number of games over the years. I've been amazed at the number of gentlemen who don't remove their hats for the national anthem. I've also been amazed at the number of people who continue to go about their business during the national anthem. Walking to their seats, conversing, buying concessions.

The fans of the local NFL team make a habit of singing the end of the national anthem thusly: "...land of the free and the home of the [name of the football team]."

My point is that the high dudgeon directed at someone who presented a respectful demeanor at the singing of the national anthem is indicative of the nasty political world we live in.


543,895 votes
by Michael Bersin on Fri Oct 26, 2007 at 05:41:33 PM EST
[ Parent ]

Re: Barack Obama and The Star Spangled Banner (none / 0)

I'm very much a traditionalist on this one.  It always used to bug me when venues would choose to replace the national anthem with "America the Beautiful" or some other song.  You don't mess with tradition.

Of course Obama doesn't merit the disingenuous "high dudgeon" aimed in his direction over this (although that's sort of beside the point).  It's not like he was spitting sunflower seeds or something.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Fri Oct 26, 2007 at 05:56:08 PM EST
[ Parent ]

Re: Barack Obama and The Star Spangled Banner (none / 0)

I think they will be watching this every time from now on, they have zeroed in on it, obviously.  If this is very apparent and isolating (as in, he is the only person on a stage to not do the arm on the chest thing,) it probably could become quite the distraction in the future.   I agree with Michael that it is a nasty type of attack (not everybody prays the same way, mourns the same way, worships the same way) from the right wing, but the imagery is not flattering and pretty powerful to someone who cares a lot about these types of things.   I bet Obama will not let a pic and video where everybody on stage strikes a certain pose but him not happen again.  It would be a continuing issue, and in politics you don't want issues like that linger and pick up steam.  


by georgep on Fri Oct 26, 2007 at 09:19:56 PM EST
[ Parent ]

Re: Barack Obama (none / 0)

Oh give me a break.  Do you ever go to parades or ball games anymore?  If not, perhaps you should.  Not even a fifth of those attending bother to cover their hearts, sing or even take their hats off.

If this is what you call TRUE patriotism then we've lost this war and any others.

It's like saying what you wear to church matters.  God Made You naked - yet people are SO concerned about what the 'other' person is wearing.

Wake up.  There's a lot more to worry about then some hand on somebody's chest or a pin on somebody's lapel.  

Hillary's hair is a mess - She must not respect America or she'd LOOK more proper in public.

Geez!!!

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by coonbug on Sat Oct 27, 2007 at 12:07:55 AM EST

The memo that you missed... (none / 0)

Unites States Code Title 36 Chapter 10 Section 171 Conduct during playing

During rendition of the national anthem when the flag is displayed, all present except those in  uniform should stand at attention facing the flag with the right hand over the heart. Men not in  uniform should remove their headdress with their right hand and hold it at the left shoulder, the  hand being over the heart. Persons in uniform should render the military salute at the first note of  the anthem and retain this position until the last note. When the flag is not displayed, those present  should face toward the music and act in the same manner they would if the flag were displayed  there.


by Jeff f on Fri Nov 02, 2007 at 03:15:50 PM EST

Learn about precedent and stare decisis (none / 0)

Cruising the Internets to spam your pseudo legalese I see.

Do you see how the opposition operates, grasshoppers?

This is how one answers them:

Not exactly, eh?

This code is the guide for all handling and display of the Stars and Stripes. It does not impose penalties for misuse of the United States Flag. That is left to the states and to the federal government for the District of Columbia. Each state has its own flag law.

Criminal penalties for certain acts of desecration to the flag were contained in Title 18 of the United States Code prior to 1989. The Supreme Court decision in Texas v. Johnson; June 21, 1989, held the statute unconstitutional. This statute was amended when the Flag Protection Act of 1989 (Oct. 28, 1989) imposed a fine and/or up to I year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor or trampling upon any flag of the United States. The Flag Protection Act of 1989 was struck down by the Supreme Court decision, United States vs. Eichman, decided on June 11, 1990.

While the Code empowers the President of the United States to alter, modify, repeal or prescribe additional rules regarding the Flag, no federal agency has the authority to issue 'official' rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the Code may continue to be made. The Flag Code may be fairly tested: 'No disrespect should be shown to the Flag of the United States of America.' Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown.

Learn what precedent and stare decisis mean when it comes to the law of the land.

Your "memo" has the same force as one of those Congressional resolutions about mother and apple pie.

Please feel free to cite any federal cases which have taken place concerning violation(s) of "Title 36 Chapter 10 Section 171".

[sound of crickets]

Here's a little history for you in a time of war:

WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624

Justice Jackson wrote:

...The Board of Education on January 9, 1942, adopted a resolution containing recitals taken largely from the Court's Gobitis opinion and ordering that the salute to the flag become 'a regular part of the program of activities in the public schools,' that all teachers and pupils 'shall be required to participate in the salute honoring the Nation represented by the Flag; provided, however, that refusal to salute the Flag be regarded as an Act of insubordination, and shall be dealt with accordingly.' 2 [319 U.S. 624, 627] The resolution originally required the 'commonly accepted salute to the Flag' which it defined. Objections to the salute as 'being too much like Hitler's' were raised by the Parent and Teachers Association, the Boy and Girl [319 U.S. 624, 628]  Scouts, the Red Cross, and the Federation of Women's Clubs. 3  Some modification appears to have been made in deference to these objections, but no concession was made to Jehovah's Witnesses. 4  What is now required is the 'stiff-arm' salute, the saluter to keep the right hand raised with palm turned up while the following is repeated: 'I pledge allegiance to the Flag of the United States of [319 U.S. 624, 629]   America and to the Republic for which it stands; one Nation, indivisible, with liberty and justice for all.'...

The approved gesture was alarmingly similar to fascist salutes. In 1943. Note the "approved" text of the pledge.
...Symbols of State often convey political ideas just as religious symbols come to convey theological ones. Associated with many of these symbols are appropriate gestures of acceptance or respect: a salute, a bowed or bared head, a bended knee. A person gets from a [319 U.S. 624, 633]  symbol the meaning he puts into it, and what is one man's comfort and inspiration is another's jest and scorn....

...Whether the First Amendment to the Constitution will permit officials to order observance of ritual of this nature does not depend upon whether as a voluntary exercise we would think it to be good, bad or merely innocuous. Any credo of nationalism is likely to include what some disapprove or to omit what others think essential, and to give off different overtones as it takes on different accents or interpretations. 14  If official power exists to coerce acceptance of any patriotic creed, what it shall contain cannot be decided by courts, but must be largely discretionary with the ordaining authority, whose power to prescribe would no doubt include power to amend. Hence validity of the asserted power to force an American citizen publicly to profess any statement of belief or to engage in any ceremony of assent to one presents questions of power that must be considered independently of any idea we may have as to the utility of the ceremony in question....

....National unity as an end which officials may foster by persuasion and example is not in question. The problem is whether under our Constitution compulsion as here employed is a permissible means for its achievement.

Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men. Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. [319 U.S. 624, 641]  As governmental pressure toward unity becomes greater, so strife becomes more bitter as to whose unity it shall be. Probably no deeper division of our people could proceed from any provocation than from finding it necessary to choose what doctrine and whose program public educational officials shall compel youth to unite in embracing. Ultimate futility of such attempts to compel coherence is the lesson of every such effort from the Roman drive to stamp out Christianity as a disturber of its pagan unity, the Inquisition, as a means to religious and dynastic unity, the Siberian exiles as a means to Russian unity, down to the fast failing efforts of our present totalitarian enemies. Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.

It seems trite but necessary to say that the First Amendment to our Constitution was designed to avoid these ends by avoiding these beginnings. There is no mysticism in the American concept of the State or of the nature or origin of its authority. We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.


Justice Jackson reminds us of what the Constitution means, even in a time of war:
...If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us....

"...If there are any circumstances which permit an exception, they do not now occur to us...." In a time of war, no less. In 1943.

"...no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion..." Powerful words. To believe otherwise would be, well....un-American.


543,895 votes
by Michael Bersin on Fri Nov 16, 2007 at 09:43:43 PM EST
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