FEDERAL · 36 U.S.C. · Chapter 3
National anthem
Current through Pub. L. 119-102
Title 36 — Patriotic and National Observances·Ch. 3 — NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, MARCH, TREE, AND BIRD
(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;
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36 U.S.C. § 301 (National anthem) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Elk Grove Unified School District v. Newdow
542 U.S. 1 (Supreme Court, 2004)
Newdow v. U.S. Congress
328 F.3d 466 (Ninth Circuit, 2002)
Altman v. Bedford Central School District
245 F.3d 49 (Second Circuit, 2001)
American Civil Liberties Union v. Capitol Square Review & Advisory Board
243 F.3d 289 (Sixth Circuit, 2001)
Source Credit
History
(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.)
Editorial Notes
Editorial Notes
Amendments
2008—Subsec. (b)(1)(A) to (C). Pub. L. 110–417 added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows:
"(A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart;
"(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and
"(C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; and".
Amendments
2008—Subsec. (b)(1)(A) to (C). Pub. L. 110–417 added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows:
"(A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart;
"(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and
"(C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; and".