Saturday, June 12, 2021

Huh?

"Yesterday I said it was un-American and unpatriotic. It's also illegal and in violation of federal and state laws, and I'm calling on the state attorney general to look into this," said Vargas. "You know the laws are very clear, you can respectfully decline to recite the Pledge of Allegiance, but you cannot recite it and alter the words and use — pull out God and say whatever you'd like."

Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words “flag, standard, colors, or ensign”, as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America.

But I'm pretty sure that's unenforceable as a matter of freedome of speech.  I'm not gonna do the research on that point, I'm just going off news reports of the flag burning cases, and the fact the Stars and Stripes appear on clothing worn by everybody from Willie to Springsteen., and it's used in advertising quite a bit.  That also doesn't address the Pledge at all.  In fact, here's what the U.S. Code says about the Pledge:

The Pledge of Allegiance to the Flag: “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”, should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute. Members of the Armed Forces not in uniform and veterans may render the military salute in the manner provided for persons in uniform.


The Pledge of Allegiance was written in August 1892 by the socialist minister Francis Bellamy (1855-1931). It was originally published in The Youth's Companion on September 8, 1892. Bellamy had hoped that the pledge would be used by citizens in any country.

In its original form it read:

"I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all."
In 1923, the words, "the Flag of the United States of America" were added. At this time it read:

"I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all."
In 1954, in response to the Communist threat of the times, President Eisenhower encouraged Congress to add the words "under God," creating the 31-word pledge we say today. Bellamy's daughter objected to this alteration. Today 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, indivisible, with liberty and justice for all."
Section 4 of the Flag Code states:

The Pledge of Allegiance to the Flag: "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.", should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute."
The original Bellamy salute, first described in 1892 by Francis Bellamy, who authored the original Pledge, began with a military salute, and after reciting the words "to the flag," the arm was extended toward the flag.

At a signal from the Principal the pupils, in ordered ranks, hands to the side, face the Flag. Another signal is given; every pupil gives the flag the military salute — right hand lifted, palm downward, to a line with the forehead and close to it. Standing thus, all repeat together, slowly, "I pledge allegiance to my Flag and the Republic for which it stands; one Nation indivisible, with Liberty and Justice for all." At the words, "to my Flag," the right hand is extended gracefully, palm upward, toward the Flag, and remains in this gesture till the end of the affirmation; whereupon all hands immediately drop to the side.

The Youth's Companion, 1892
Shortly thereafter, the pledge was begun with the right hand over the heart, and after reciting "to the Flag," the arm was extended toward the Flag, palm-down.

In World War II, the salute too much resembled the Nazi salute, so it was changed to keep the right hand over the heart throughout.

I kind of prefer the original, myself.  And, of course, there's Matt Groening's versions, of which this is one:

“I plead alignment to the flakes of the untitled snakes of a merry cow and to the republicrats for which they scam: one nacho, underpants with licorice and jugs of wine for owls.”

Absolutely nothing in the U.S. Code about altering the words being either a misdemeanor or a felony.

It's a free country. 

1 comment:

  1. I love how the biggest fattest supporters of "free speech and free press" are the first to call for criminal prosecution of free speech.
    I'm not a big fan of taking any kinds of oaths, I haven't noticed that taking one makes it any kind of guarantee that the person follows through on the promises they made in it. I'll bet every single one of the insurrectionists of January 6 were big on saying the pledge as are their Congressional and Trump regime allies and supporters.

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