My correspondent asked if I would share this information with The Daily Flag readers, and I am happy to do so. Entries for this contest will end on April 13.

The winner will be invited to perform the national anthem at the museum and at the Baltimore Orioles vs. Atlanta Braves game in Baltimore on Flag Day, June 14.

The links below will tell you how to enter the contest.

• Call for Entries: http://americanhistory.si.edu/news/pressrelease.cfm?key=29&newskey=968
• YouTube group: http://www.youtube.com/group/Starspangledbanner
• Contest badge: http://americanhistory.si.edu/starspangledbanner/submit-your-video.aspx

Long-time Daily Flag readers will know that I am a purist about our National Anthem, and if my advice is worth anything, then this is it: If you want to enter this contest, then sing the Star-Spangled Banner with all your heart, and all your soul. Tell the story like it was the first time anyone was hearing it, and take us back to that morning in Baltimore harbor.

Last week a reader wrote to The Daily Flag to ask if it was permissible to use the National Anthem, or even part of the song, in a commercial advertisement. He was unhappy because The Pentagon Channel on television was using a portion of the anthem in what is described as a “tribute break.”

I don’t get the Pentagon Channel. I went to the Pentagon Channel’s website, but I couldn’t find video of their tribute breaks, so as to judge for myself how it looks and comes across to the viewer.

What does the U.S. Code have to say about the National Anthem?

National Anthem
Sec. 301. National anthem

1. Designation.–The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.
2. Conduct During Playing.–During a rendition of the national anthem–
1. when the flag is displayed–
1. all present except those in uniform should stand at attention facing the flag with the right hand over the heart;
2. 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
3. individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; and
2. when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1263.)

I don’t think you can extrapolate from silence (”it doesn’t say you can’t”) and justify using the National Anthem in a commercial, even if you are The Pentagon Channel, no matter how well-intended. The American lexicon of patriotic and martial music overflows with songs, marches, and hymns to choose from without using the National Anthem.

The day after I responded to the man’s question, I saw a Mountain Dew commercial on TV … the one with a tug-of-war theme and the very loud playing of the National Anthem—the Jimi Hendrix version. Mountain Dew commercials have always been edgy, but does this one cross the line? It’s clever, well-produced, and utterly egregious.

I wrote to Mountain Dew, and asked for them to remove this particular commercial from their television line-up because I thought it was an gross violation of the U.S. Code regarding the National Anthem. Does Pepsi care that this commercial makes me wince? I have not received a reply, but it has only been a few days.

So when is it permissible to use the National Anthem in a way other than how it is cited in the U.S. Code? Who gets to decide?

What if a Hollywood big shot wants to make a movie about baseball? At some point in the movie, there could be a scene with the players and the people in the bleachers saluting the flag, and standing up to sing the Star Spangled Banner. Is that ok, because if it’s done with respect? What if the scene shows some guy in the stands belching out the tune?

We decide. Make your opinion known to businesses when they cross the boundary of respect and good taste. Write, email, telephone (there’s always an 800 number), and make your opinion known at the cash register.

UPDATE: 6-17-08 At 2:00 P.M., I received an email from a woman in Consumer Relations at Pepsi saying,

Thank you for taking the time to email us at Pepsi about our recent advertising. We appreciate your comments and, I assure you, we attach a great deal of importance to the views of our consumers.

For that reason, we sincerely regret that our recent commercial offended or upset you. That was certainly not our intention.

It’s extremely important to us at Pepsi that our advertising serves to enhance the positive image that’s helped place our brands among the world’s most popular consumer products. If we should miss the mark, we need to know about it, which is why I intend to pass along your comments to our ad team. I want them to be aware of your opinion as they discuss future advertising initiatives.

Thanks again for taking the time to email us and for sharing your constructive comments.

This is good start, and I appreciate their prompt response. DH

Today I discovered The United States Flag: Federal Law Relating to Display and Associated Questions while searching for some particular information about flag protocol. I didn’t find what I was looking for, but I found this, which is a stepping stone to what I need.

It was prepared by the Congressional Research Service for members of Congress. It addresses the flag code and the National Anthem, and combines the relevant portions of Title 4 and Title 36 from the U.S. Code into one detailed and cross-referenced document. It will be a worthy addition to your reference materials.

From the title page:

The United States Flag:
Federal Law Relating to Display and Associated Questions

Summary

This report presents, verbatim, the United States “Flag Code” as found in Title
4 of the United States Code and the section of Title 36 which designates the Star-
Spangled Banner as the national anthem and how to display the flag during its
rendition. The “Flag Code” includes instruction and rules on such topics as the
pledge of allegiance, display and use of the flag by civilians, time and occasions for
display, position and manner of display, and how to show respect for the flag. The
“Code” also grants to the President the authority to modify the rules governing the
flag.

The report also addresses several of the frequently asked questions concerning
the flag. The subject matter of these questions includes the pledge of allegiance and
the court decisions concerning it, the nature of the codifications of customs
concerning the flag in the “Flag Code,” display of the flag 24 hours a day, flying the
flag in bad weather, flying the flag at half-staff, ornaments on the flag, destruction of
worn flags, display of the U.S. flag with flags of other nations or of States,
commercial use of the flag, size and proportion of the flag, and restrictions upon
display of the flag by real estate associations.

Style over substance is the topic de jour—looking at the current trend of performers and their renditions. Here is part of The Code for the National Anthem of the United States of America adopted by the National Anthem committee in April of 1942.

… Since the message of the music is greatly heightened by the text, it is of paramount importance that emphasis be placed upon the singing of the National Anthem.

… It is inappropriate to make or use sophisticated "concert" versions of the National Anthem.

…The slighting of note values in the playing or singing of the National Anthem will seriously impair the beauty and effectiveness of both the music and lyric.

The NAC took the National Anthem very seriously and their document contained language to deter any symphonic changes to the music, in either melody or performance. I shudder to think what members of the committee would think of today’s performances that are so far from the original that the audience might have trouble recognizing the melody.

Stars and the National Anthem

Inviting a famous star to perform the National Anthem isn’t new. In 1968 Jose’ Feliciano was invited to sing before Game 5 of the World Series between Detroit and St. Louis. Although his performance was from his heart, the bluesy guitar-accompanied rendition of the National Anthem nearly killed his career.

Changing Attitudes

How attitudes have changed.  Since then many famous personalities have sung the National Anthem before sporting events, with two coming to mind immediately. The first—Roseanne Barr, the second was Whitney Houston. Roseanne’s comedy version is available if you really want to view it, but I advise against it. I want to focus on Whitney’s version for a moment.

After you get the lump our of your throat, let’s move on. I’ll tell you exactly what made Whitney’s version so powerful—she was accompanied by an orchestra. The tempo was set and the audience could sing along with them in our National Anthem. In fact, at the beginning of the video, you can hear the announcer ask the audience to join in singing the anthem.

Now, I want to look at another rendition of the anthem.

Did you try to sing along with Destiny’s Child? If you did, I hope you didn’t hurt yourself. Since they sang a cappella, there are no boundaries requiring their attention. They didn’t have to sing a single note contained in the melody line or hold to any tempo. While it sounded beautiful, it was all about THEIR PERFORMANCE, not the National Anthem. It was almost unrecognizable as the National Anthem, and it was all about THEM.

Today’s society is changing in many ways, and not all of them are good. We will spend millions of dollars preserving old buildings and works of art, but when it comes to following the U.S. Flag Code or the National Anthem protocol, we feel free to do what we want.

The National Anthem protocol is similar to the U.S. Flag Code in that it is a law of honor. Since there aren’t any Flag Code or National Anthem police, we are on our own to obey and respect.

Sec. 301. National anthem

(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) 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

(2) when the flag is not displayed, all present should face
toward the music and act in the same manner they would if the flag
were displayed.

The questions range from flag ceremonies, to discussions about the changes in the Anthem protocol over the last sixty-six years. With all these exchanges taking place in the comment section, which many readers likely would not see, I wanted spend some time and expand on the previous article.

National Anthem Protocol

The text quoted above was approved by Congress in June 1942 after the National Anthem Committee (NAC) adopted The Code for the National Anthem of the United States of America (pdf link of original document) in April 1942. What I find interesting is the differences in the two documents.

The NAC code included such details as

• the proper keys for performances (A-flat)
• requiring no liberty be taken in either style or substance with the approved version of the National Anthem
• the requirement of an announcement before the anthem for the assembled to join in singing
• mandating the tempo of the anthem, and specified that on the metronome—settings 104bpm for the verses and 96bpm for the chorus.

The Congressional version left out many of the details recommended by the committee and included the phrase—with the right hand over the heart—which was not contained in the NAC document.

A Nation’s Song

One of the biggest differences between the two documents is singing. The law approved by Congress makes no mention of singing the anthem, while the NAC centers around audience participation. To the NAC the National Anthem was our song and correspondingly, we should sing the Star Spangled Banner at every opportunity.

The very nature of the song lends itself to participation. Look at the lyrics that Francis Scott Key penned.

O, say can you see,
By the dawn’s early light,
What so proudly we hailed,
At the twilight’s last gleaming?
Whose broad stripes and bright stars,
Through the perilous fight,
O’er the ramparts we watched,
Were so gallantly streaming.
And the rocket’s red glare,
The bombs bursting in air,
Gave proof through the night,
That our flag was still there.
Oh say does that star spangled banner yet wave,
O’er the land of the free, and the home of the brave.

 

Keep in mind there are four stanzas to the National Anthem, although only the first is in general knowledge. The NAC included three stanzas in the official version, including 2) and 4) below. There is real significance in the lesser known lyrics. The words are full of images that Key saw that morning as the sun rose and the Star Spangled Banner did yet wave.

2) On the shore dimly seen thro’ the mists of the deep,
Where the foe’s haughty host in dread silence reposes,
What is that which the breeze, o’er the towering steep,
As it fitfully blows, half conceals, half discloses?
Now it catches the gleam of the morning’s first beam,
In full glory reflected, now shines on the stream:
‘Tis the star-spangled banner: O, long may it wave
O’er the land of the free and the home of the brave!

3) And where is that band who so vauntingly swore
That the havoc of war and the battle’s confusion
A home and a country should leave us no more?
Their blood has wash’d out their foul footsteps’ pollution.
No refuge could save the hireling and slave
From the terror of flight or the gloom of the grave:
And the star-spangled banner in triumph doth wave
O’er the land of the free and the home of the brave.

4) O, thus be it ever when freemen shall stand,
Between their lov’d homes and the war’s desolation;
Blest with vict’ry and peace, may the heav’n-rescued land
Praise the Pow’r that hath made and preserv’d us a nation!
Then conquer we must, when our cause is just,
And this be our motto: "In God is our trust"
And the star-spangled banner in triumph shall wave
O’er the land of the free and the home of the brave!

My concern involves contemporary renditions of the anthem. Controversy surrounds many, while others are hailed as new standards. I like to sing The Star Spangled Banner, and if the song’s performance is such that it is not singable by the audience too, I have a problem. That’s what I want to write about in Part 2—Style over Substance and the National Anthem.

From time to time at The Daily Flag, we receive questions about the U.S. Flag Code, as well as the National Anthem. Many of the questions are about etiquette.

U.S. Code, Title 36

Our National Anthem, The Star-Spangled Banner, is regulated by law in TITLE 36 of the U.S. Code, and just like the U.S. Flag Code, there is no government agency charged with policing the National Anthem protocol so adherence is based on the honor system.

The Star-Spangled Banner was first designated as the national anthem by congress in March, 1931, with the conduct section of the law added in June, 1942.

National Anthem

Here is the law in its entirety. It is short and sweet, with little room for misinterpretation.

TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                              ORGANIZATIONS

      Subtitle I--Patriotic and National Observances and Ceremonies

                   Part A--Observances and Ceremonies

  CHAPTER 3--NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM \1\ MARCH, AND TREE

Sec. 301. National anthem

    (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) 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

        (2) when the flag is not displayed, all present should face
    toward the music and act in the same manner they would if the flag
    were displayed.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1263.)

Anthem Questions

I often wondered what to do when there was no U.S. flag present. It is addressed in the second part of the NA Code. Face the music and behave as if a flag is present. Now I know.

The question of singing the Star-Spangled Banner is not addressed in the law, but through the years, tradition calls for everyone to join in, depending on the circumstances. Some situations may be more appropriate than others sing the the anthem. When invited to participate, by all means, sing out!

The American Legion continues to be at the forefront in teaching proper flag protocol and flag retirement. This ceremony took place September 13th, and results from the flag collection containers the Legion placed around LaCross, WI.

La Crosse Tribune – 6.0
The American flag can be burned without prompting an outcry — but it has to be done a certain way and with respect.

The American Legion can help with that.

The Roy L. Vingers Post 52 demonstrated the right way to burn a flag Thursday with an official ceremony at its property at 711 S. Sixth St.

“It’s to try to teach the public about the proper disposal of our American flag,” said Clyde Butterfield, American Legion flag disposal coordinator. “The main thing is respect for the American flag.”

In cooperation with the La Crosse Fire Department, flag deposit

This letter to the editor from a Boy Scout says it all. It doesn’t say how old Gabrien is, but I love that he is concerned with the condition of the flags flying above businesses in Indianapolis.

We’re flying the flag, but not always appropriately | IndyStar.com
I am writing to you because businesses are not flying the American flag properly. I go out with my parents on the Northeastside to go shopping and I have seen flags on which every corner is torn and every stripe is ripped.

I am in Boy Scouts; my dad and my mom were in the military. Flag Day is once a year, but I believe Flag Day should be every day for two reasons: first, to show American spirit; second, there is a war going on in Iraq right now where men and woman are protecting our country, dying every day. We should be respectful of our country.
My family and I don’t appreciate the way some people take care of their flags or their business’ flags. There’s a way you should treat a flag and this is not it.
Gabrien Gregory
Indianapolis

The Easy Rider paraphernalia, owned by Peter Fonda, is going on the auction block. I feel somewhat uneasy about this, but it is interesting.

Iconic ‘Easy Rider’ items up for auction | Dallas Morning News | News for Dallas, Texas | News: Local News
Among the personal and professional items up for auction Oct. 6:

• The American flag taken from the back of the jacket Mr. Fonda wore throughout the film, with an estimated value of $50,000.

• A Department of Defense pin that adorned the jacket, valued at $15,000.

• Mr. Fonda’s gold record for the film’s soundtrack album, valued at $2,000.

• His personal collection of six movie posters, including those for Easy Rider and Ulee’s Gold, Mr. Fonda’s most honored performance, with an estimated value of $500.

Wilson Elementary School still teaches their students about the American flag and its importance. This living U.S. flag will be remembered for years to come by these kids.

News: Oh, say, can you sing? | school, national, flag – The Monitor
Wilson Elementary School formed the largest American flag in McAllen for a brief time Friday morning.

“Put your stars up — hold on to them without moving them,” school librarian Lydia Soto instructed the students forming the flag’s star-spangled field of blue.

The fewer than 500-member student body wore red, white and blue to correspond with their places in the human flag. Looking up, they waved to photographers positioned overhead in a McAllen Fire Department cherry picker and sang the national anthem.

Friday was the 193rd anniversary of the penning of the National Anthem. MacArthur Elementary School decided to make a day of the celebration, ending with a picnic back at the school. Another memorable day for the student body.

Leavenworth Times – News
It normally comes before the start of special events or perhaps during a patriotic concert.

But students at MacArthur Elementary School dedicated a whole day to the national anthem.

Students from the Fort Leavenworth school kicked off their celebration Friday at the Lewis & Clark Center, home of the U.S. Army Command and General Staff College.

They later formed an American flag in a football field across the street from their elementary school.

Students participated in the National Anthem Project, a campaign sponsored by the National Association for Music Education.

Are you confused over what to do at the ballgame when the National Anthem is played? For a review, see this article I wrote about the proper protocol for the National Anthem as dictated by the United States Code.

During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.

Usually, many people seem confused, and aren’t quite sure what they are supposed to do, taking their cue from those around them. If the immediate crowd is standing quietly, hand over heart, they assume that posture. If the group is rowdy, talking loudly, and cutting up, they tend to lean to that style, not wanting to bring attention to themselves.

I’m here to assure you, that if you do the right thing, you will influence the people around you, and the proper conduct will result. One person at a time, we can make a difference in the attitude of the crowd.

And if you know the words of the National Anthem … sing them. It’s OK. I promise. You may not be Whitney Houston, but surely you’re not Roseanne Barr either.

Speaking of Whitney—here is her rendition of the Star Spangled Banner … enjoy.

You’ll notice that a few of the crowd shots include people singing with their hand over their heart, but the majority are not.

And if you’re a glutton for punishment, here is amp;mode=related&search=" target="_blank">a link to Roseanne’s rendition. I just can’t bring myself to include it on The Daily Flag.