Just in case we didn’t already have enough to deal with in the election that came out wrong, we have lately added a new one : knees. Some of our young people, who by virtue of their athletic prowess have achieved sufficient celebrity to anoint themselves “spokespeople”, have taken to dropping to one knee during the pre-game playing of the national anthem instead of standing at attention in the prescribed “pledge of allegiance” stance — bareheaded, right hand over the heart. This they do to show solidarity with the Black Lives Matter movement, and to show their dissatisfaction with the way minorities are treated by our current laws, and particularly by our law enforcement employees. It has proved infuriating to super patriots (which was of course the purpose) — the same people who were outraged by the flag burners a few years ago. Aside from the emotional reaction, and the political points to be scored, what are the legal ramifications, if there are any?
Start with that pledge of allegiance. It was thought up by an army colonel in 1877 and included in a 1892 issue of a magazine called The Youths’ Companion. What prompted its composition I don’t know, but in 1942 Congress formally approved it and in 1945 it was officially adopted. In its original form it was a formula suitable for any country and any flag and the original wording was “I pledge allegiance to my flag…”. This was later revised by Congress to “the flag of the United States of America” and included in the Flag Code of the U.S. Further revision was deemed necessary in 1954, during Ike’s administration, and the words “under God” were inserted, to the accompaniment of some grumbling by those who disagreed over which God we were referring to and of course by atheists and strict Constitutionalists, who said no God should be officially recognized by their government. In its present form it reads:
I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, with liberty and justice for all.
While reciting this, citizens who are not veterans or in military uniform are supposed to stand at attention, the head uncovered, right hand over the heart, facing the flag. Vets and members of the military are to salute. These are the same postures and procedures that are specified for people listening to public performances of the national anthem, which brings us back to the protests — going down on one knee and facing away from the flag.
The citizens most likely to be upset over such lèse majesté are generally the same ones who flaunt flag lapel pins (that means all politicians), fly flags on poles in front of their houses or office buildings or hotels (often day and night, and regardless of the weather, which is forbidden by the Flag Code), and display giant flags spread out and held up by hundreds of band members and cheerleaders at football games (a form of display of the flag that is specifically banned by Article 175 of the Code, which says that the flag must never be displayed flat), and who line the sidewalks or the shoulders of their public roads with flags to demonstrate their patriotic enthusiasm.
So exactly what is it that these knee-ers are protesting? They don’t want themselves included in a mindless chant about how wonderful the United States is unless and until they can look forward to a change. Black Lives Matter as a slogan is all very well, but slogans in themselves are powerless unless they can stir up some real action. Kneeing started in professional football, a sport that in this country comes as close to being a national religion as anything we have. Since football’s heroes are so worshipped — even more than electronically powered rap stars — their participation in a protest counts as huge. (“Yuge” in the words of our current heroic president-elect.) Whether you think black lives matter or that they don’t, the sight of a major league starting quarterback kneeling while other people are standing at attention forces you to think about why he is doing it. Given the intensity of patriotic feeling evidenced by all those flag pins and flags and salutes, he is putting a lot on the line. Mohammed Ali’s refusal to fight “them Congs” cost him his heavyweight boxing title. Will Colin Kapernick’s kneel cost the 49ers games? Ugly threats have already been made. “He will be made to pay” say the comments on the Internet.
Which brings us to the essential question of why each of us shouldn’t be allowed to define patriotism for him- or herself. If we are grateful that we were (by a throw of the dice) born in a country whose policies we can respect (instead of, for example, Zimbabwe or Syria) may we not be permitted to advocate for ways in which we think it might be even better? Would we even be a country to start with if the real Boston Tea Partiers had agreed to show proper respect for the Union Jack and sing God Save the King back in the day? We fought a bitter war over the right NOT to kneel to royal prerogative. Will we have to fight another one over the right TO kneel? I thought that one had been settled.
Perhaps this is just a passing fad, and it will fade like the clenched fists of Tommie Smith and John Carlos at the Olympics in 1968. Or perhaps it isn’t, and it will spread and turn Monday Night Football into a demonstration of disunity that will turn football fans into ugly partisans. A lot will depend on whether we all believe we live in the same country, with the same goals, or whether we think the black-white division is permanent and unbridgeable. That will have to be decided one citizen at a time. Hold your breath.
Vance Weaver 