“I left today’s Colts game because @POTUS and I will not dignify any event that disrespects our soldiers, our Flag, or our National Anthem,” Vice President Mike Pence tweeted after he departed the Colts-49ers football game on 8 October.
Since last August, a growing number of NFL players have made silent protest during the playing of the national anthem. The overwhelming majority of us stand and will continue to stand. This protest is specifically intended to create a contrast with the majority. The players, in expressing their freedom, want to draw attention to racial inequality. The NFL and the protesting players themselves have made it clear that they do not believe they are being unpatriotic or displaying anti-American behavior.
Breaking down the Vice President’s tweet requires our attention for several reasons:
- Not all soldiers agree.
- Specific actions are disrespectful to the flag.
- The anthem doesn’t define right or wrong.
Vice President Pence is entitled to his opinion and his right to protest is just as valid as any other American’s. But he doesn’t speak for all active duty or military veterans. At the USNI 2017 Naval History Conference “Military and Politics: Proper Participation or Perilous Partisanship?” Admiral Mike Mullen, former chairman of the Joint Chiefs, said, “I wore the uniform so they could do that.” He stressed that it was not pleasant to watch and he did not like this form of protest. But, he made it clear that this was their right and those that served, at least two of us, believe their right to protest is supported by our military service. It is not disrespecting either of us for the NFL players to use the performance of the national anthem as a time to protest. Taking a knee was, in fact, intended to be a respectful method of drawing attention to a national issue. Strike one.
The National Flag Code, Chapter 1, Title 4 of the United States Code, provides the law and defines the actions that are disrespectful to the flag. Kneeling in its presence is not one of them. I have seen countless businesses flying excessively tattered American flags and I go out of my way to let them know that is disrespectful. Likewise, I am ever conscious to ensure no flag flies higher than ours. Desecration and mistreatment are also punishable as are a handful of less common circumstances. I encourage others to know what is and is not disrespectful and to take action when the flag is being disrespected. Strike two.
Chapter 10 of Title 36 in the U.S. Code does provide specific customs (not punishable) such as standing with right hand saluting (military) or over the heart (civilian) during playing of the national anthem. Some may interpret anything other than the observing the custom as being disrespectful. I believe respectful protests are intended to buck customs. The anthem itself has nothing in the lyrics that defines disrespect. In general, protest is not customary and is protected by the First Amendment. The right to protest is protected (punishable if violated) and therefore has precedence over customs. Strike three.
Our national leadership does not hold a monopoly on the relationship between flag, country, and military. Should the administration decide that the laws need to be changed, that is within their power. Until that happens, the opinions of national leaders are equal to the opinions of anyone else. I don’t like watching the NFL protests, but I am proud to have served in a nation where they have the right to do so. I will continue to salute during the national anthem and freely express my opinion, too.
On a final note, there is great danger in accepting the belief that one group or one political alignment is more patriotic than another. This is especially true now, in a time when war drums are beating and nationalism can be emotionally blinding to the best interests of national security. There is no superior race, nor is there any superior group of Americans.
