us-constitution us-federal-government
Is 36 U.S. Code &#167; 301 relating to the National Anthem a law or a suggestion?
<p>I came across an interview where a person mentioned 36 U.S. Code § 301, which according to <a href="https://www.law.cornell.edu/uscode/text/36/301" rel="nofollow noreferrer">https://www.law.cornell.edu/uscode/text/36/301</a> mentions how a person should respond to the National anthem. </p>

<p>Is this technically a law or a suggestion? And would breaking it be illegal?</p>

<p>It is a law, as it is part of the US Code, but there are no penalties listed as part of the statute, so there are no criminal implications to not following the statute.</p>

<p>The key words to understand in the statute are "should" and "may." Those do not mean "must." If the statute stated "must," then we can assume there would be a penalty mentioned.</p>

<p>The document to read, which covers all pertinent aspects of flag etiquette and suggested behavior during flag ceremonies and the pledge of allegiance (as well as legal history) is <a href="https://www.thedailyflag.com/wp-content/uploads/2007/10/usflag.pdf" rel="nofollow noreferrer">Federal Law Relating to Display and Associated Questions - usflag.pdf</a> <strong>(my emphasis)</strong> :</p>

<blockquote>
  <p>The Flag Code <strong>does not prescribe any penalties for non-compliance nor
  does it include enforcement provisions;</strong> rather the Code functions
  simply as a guide to be voluntarily followed by civilians and civilan
  groups....</p>
  
  <p>The  Federal  Flag  Code  does  not  purport  to  cover  all  possible
  situations. Although the Code empowers the President of the United
  States to alter, modify, repeal, or prescribe additional rules
  regarding the flag, <strong>no federal agency has the authority to issue
  “official” rulings legally binding on civilians or civilian groups.</strong>
  Consequently, different  interpretations of various provisions  of
  the  Code  may continue  to  be  made. The  Flag  Code itself, 
  however,  suggests  a  general  rule  by which practices involving the
  flag may be fairly tested: “No disrespect should be shown  to  the 
  flag  of  the  United  States  of  America.” <strong>Therefore,  actions  not
  specifically in the Code may be deemed acceptable as long as proper
  respect is shown.</strong></p>
</blockquote>

<p>It's possible that bills may be passed by Congress or attempts made by presidential executive order (EO) to criminalize behavior related to flag etiquette, but if such laws or EOs became laws, they would conceivably need conflicts with the First Amendment settled by the courts.</p>
