Americans are divided on what it means to be patriotic. This debate is apparent in the recent controversy surrounding NFL players kneeling during the performance of our national anthem. It seems as though half the country is deeply offended by this gesture, perceiving the refusal to stand during the national anthem as a sign of disrespect towards the United States, American values, and the men and women who serve in our armed forces. However, the other side of this debate simultaneously feels hurt regarding the perceived injustices in our legal system, especially regarding topics such as police brutality and its connection with racism.
This discussion largely started when former San Francisco 49ers quarterback Colin Kaepernick first refused to stand, then eventually started kneeling, while the national anthem was performed at football games. Kaepernick started this gesture during the Obama administration, however, President Trump has recently become a public critic of Kaepernick and all individuals who choose to sit or kneel during the national anthem. In the past month, the President has expressed his displeasure with people not standing for the national anthem multiple times on Twitter, going as far as calling out individual citizens and advocating for an NFL boycott. Additionally, Vice President Pence recently exited an NFL game after players kneeled during the national anthem. Critics of President Trump have condemned his response to the NFL controversy, citing how it overshadowed the humanitarian crisis in Puerto Rico and expressing their view that the executive branch shouldn’t be calling for the firing of private citizens due to expressions of free speech. Clearly, this debate has furthered the divide among an already divided nation. However, in these partisan times, it is important to consider what respects Americans owe their flag and what constitutes a patriotic act.
Addressing the first question, the federal government decided upon much of the rules regarding the treatment of the American flag with the passage of the U.S. Flag Code by Congress on June 22, 1942. The code was later amended on December 22 of that same year. The Flag Code can be found largely in Chapter 1, Section 4 of the United States Code (4 U.S.C. § 1). Many Americans know little about the U.S. Flag Code, and the public regularly acts without concern for the Code’s recommendations. For example, the Flag Code details suggestions for citizens regarding how to act during the performance of the national anthem. U.S.C, Title 36, Chapter 10, §171 declares:
“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.”
Clearly then, by looking at this statutory clause, the acts of Kaepernick and other NFL players who choose to sit or kneel during the National Anthem are not adhering to the U.S. Flag Code. Furthermore, in U.S.C, Title 36, Chapter 10, §176, the Code specifically touches upon the issue of respecting the flag and instructs, “The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard.” The law also says, “No part of the flag should ever be used as a costume or athletic uniform.” With this in mind, it is important to note that during his presidential campaign, President Trump disregarded this clause of the U.S. Flag Code through his use of the American flag in advertisements and merchandise. Therefore, thousands of Americans, including many of the same people who criticized individuals for refusing to stand during the performance of the national anthem, were not adhering to the U.S. Flag Code with acts ranging from wearing flag merchandise to flying a flag on the back of a pickup truck. The federal government tried to criminalize knowingly defiling the flag through the Flag Protection Act of 1989, yet this was deemed a violation of the First Amendment by the U.S. Supreme Court in United States v. Eichman (1990). Therefore, the U.S. Flag Code, in practice, serves as a mere suggestion for how Americans should treat our flag.
Regarding the second question of what constitutes a patriotic act, the Merriam-Webster Dictionary defines patriotism as “love for or devotion for one’s country.” Usually, this word holds a positive connotation. However, it doesn’t have to. In fact, blind patriotism, in which individuals hold “love” and “devotion” for their country without consideration for what a country may be doing wrong is undoubtedly a negative thing. For example, Nazi Germany was a patriotic nation. The Islamic State claims to be a patriotic organization. However, patriotism in which citizens express their “love” and “devotion” through reforming their country for the better is exclusively a positive thing. An example of such patriotism can be seen in the 1960s Civil Rights Movement, the women's suffrage movement, and the abolitionist movement. However, regardless of our political affiliations, it can surely be agreed upon that not adhering to the recommendation of the law (which seemingly both sides are doing in this debate) is not patriotic, unless it is meant to bring about reformation for a better society.
In conclusion, we are a divided nation. People on both sides of the aisle are hurting, and we aren’t taking the time to hear each other’s concerns. We all love our country, and we try to be patriotic in our own ways. Furthermore, neither side of this debate can claim superiority, as both sides have ignored the suggestions regarding how we as Americans should treat our flag. It is important that American citizens consider why Congress adopted a code of conduct regarding how Americans treat their flag, and whether it is appropriate for citizens to violate the U.S. Flag Code, regardless of the fact that the Code’s punishments are not enforced. More importantly however, both sides in this argument have ignored our fellow Americans and failed to consider how our actions affect those around us. When people vehemently attack football players for kneeling during the national anthem without considering the challenges African Americans face within our judicial system, they are creating a less perfect Union. When football players kneel during the national anthem, and disregard the sensitivities of a soldier who has dedicated him or herself to our country, they are creating more division and a less perfect Union. If people of opposing opinions can talk to each other and express their concerns, perhaps we as a nation can grow and heal, with greater adherence to the Flag Code.