NSSAR - United States Pledge Act

Our National Anthem, Pledge, and March

The following paragraphs are taken from the Statutes of the United States.

Sec. 170, National anthem; Star-Spangled Banner

The composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America.

Sec. 171. Conduct during playing

During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there.

Amendments

1976 Amendment. Pub.L. 94-344 added requirement that during the rendition of the national anthem when the flag is displayed, all persons present except those in uniform should stand at attention, face the flag, and place the right hand over the heart and men with headdress should remove the headdress and hold it at the left shoulder, the hand being over the heart and when the flag is not displayed, those present should face the music and act in the same manner they would if the flag were displayed.

1942 Amendment. Act Dec. 22, 1942, substituted "all present should face the flag and salute" for "the salute to the flag should be given."

36 USCA Sec. 172, Pledge of allegiance to flag; manner of delivery

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 their 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.

Amendments

1976 Amendment. Pub.L. 94-344 added requirement that during rendition of the Pledge of Allegiance to the Flag, all persons should face the flag and men with headdress except those in uniform should remove their headdress and hold it at the left shoulder, the hand being over the heart.

1954 Amendment. Act June 14, 1954, inserted "under God," in the pledge.

1945 Amendment. Act Dec. 28, 1945, inserted "The following is designated as", inserted period after "justice for all," and deleted "is rendered by standing with the right hand over the heart." in the first sentence, and inserted second sentence "Such pledge should be rendered by standing with the right hand over the heart."

1942 Amendment. Act Dec. 22, 1942, struck out "extending the right hand, palm upward, toward the flag at the words 'to the flag' and holding this position until the end, when the hand drops to the side.", at end of first sentence. NOTES OF DECISIONS

1. Compulsory pledge

Conclusionary assertions in defendants' affidavits of real and present threat to maintenance of discipline and fear of disorder would not support finding of serious harm to school authorities and would not justify refusal to grant preliminary injunction to students who were required to leave their school rooms during daily pledge of allegiance as condition for exercising constitutional right not to participate in pledge.  Frain v. Baron, D.C.N.Y.1969, 307 F.Supp. 27.

Joint Resolution of Congress to codify existing rules and customs pertaining to display and use of flag of the United States does not require any person to repeat the pledge of allegiance to flag.  Bolling v. Superior Court for Clallam County, 1943, 133 P.2d 803, 16 Wash.2d 373.

Sec. 188. National march

The composition by John Philip Sousa entitled "The Stars and Stripes Forever" is here designated as the national march of the United States of America.

1993 Supplemental Credit(s): (Pub.L. 100-186, Dec. 11, 1987, 101 Stat. 1286.)

Administered by the National Society's Americanism Committee

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