Editing The Star-Spangled Banner (section)

==Customs and federal law==
[[File:Star Spangled Banner Plaque.jpg|thumb|A plaque in [[Tacoma, Washington]], detailing the history and custom of standing during the U.S. national anthem]]
When the U.S. national anthem was first recognized by law in 1931, there was no prescription as to behavior during its playing. On June 22, 1942, the law was revised indicating that those in uniform should [[salute]] during its playing, while others should simply stand at attention, men removing their hats. The same code also required that women should place their hands over their hearts when the flag is displayed during the playing of the national anthem, but not if the flag was not present. On December 23, 1942, the law was again revised instructing men and women to stand at attention and face in the direction of the music when it was played. That revision also directed men and women to place their hands over their hearts only if the flag was displayed. Those in uniform were required to salute. On July 7, 1976, the law was simplified. Men and women were instructed to stand with their hands over their hearts, men removing their hats, irrespective of whether or not the flag was displayed and those in uniform saluting. On August 12, 1998, the law was rewritten keeping the same instructions, but differentiating between "those in uniform" and "members of the Armed Forces and veterans" who were both instructed to salute during the playing whether or not the flag was displayed. Because of the changes in law over the years and confusion between instructions for the Pledge of Allegiance versus the National Anthem, throughout most of the 20th century many people simply stood at attention or with their hands folded in front of them during the playing of the Anthem, and when reciting the Pledge they would hold their hand (or hat) over their heart.<ref>{{cite web|url=http://uscode.house.gov/statviewer.htm?volume=56&page=380,36:171 |date=June 22, 1942 |title=Public Laws, June 22, 1942}}</ref><ref>{{cite web|title=77th Congress, 2nd session|url=http://uscode.house.gov/statviewer.htm?volume=56&page=1077|website=uscode.house.gov|access-date=October 21, 2017}}</ref><ref>{{cite web|title=Public law, July 7, 1976|url=http://uscode.house.gov/statviewer.htm?volume=90&page=812|website=uscode.house.gov|access-date=October 21, 2017}}</ref>

Since 1998, federal law (viz., the United States Code {{usc|36|301}}) states that during a rendition of the national anthem, when the flag is displayed, all present including those in uniform should stand at attention; non-military service individuals should face the flag with the right hand over the heart; members of the Armed Forces and veterans who are present and not in uniform may render the military salute; military service persons 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 members of the Armed Forces and veterans who are in uniform should give the military salute at the first note of the anthem and maintain that position until the last note. The law further provides that 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. Military law requires all vehicles on the installation to stop when the song is played and all individuals outside to stand at attention and face the direction of the music and either salute, in uniform, or place the right hand over the heart, if out of uniform. The law was amended in 2008, and since allows military veterans to salute out of uniform, as well.<ref>{{cite web|author=Duane Streufert |url=http://www.usflag.org/uscode36.html#171 |title=A website dedicated to the Flag of the United States of America&nbsp;– United States Code |publisher=USFlag.org |access-date=June 14, 2010}}</ref><ref>{{cite web |url=http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t33t36+1643+6++%28%29%20%20A |title=U.S. Code |publisher=Uscode.house.gov |access-date=June 14, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20120529113624/http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t33t36+1643+6++()%20%20A |archive-date=May 29, 2012 }}</ref>

The text of {{usc|36|301}} is suggestive and not regulatory in nature. Failure to follow the suggestions is not a violation of the law. This behavioral requirement for the national anthem is subject to the same [[First Amendment to the United States Constitution|First Amendment]] controversies that surround the [[Pledge of Allegiance (United States)|Pledge of Allegiance]].<ref>''The Circle School v. Phillips'', 270 F. Supp. 2d 616, 622 (E.D. Pa. 2003).</ref> For example, [[Jehovah's Witnesses]] do not sing the national anthem, though they are taught that standing is an "ethical decision" that individual believers must make based on their conscience.<ref>{{cite web|url=http://www.towerwatch.com/Witnesses/Beliefs/their_beliefs.htm|title=Highlights of the Beliefs of Jehovah's Witnesses|publisher=Towerwatch.com|access-date=June 14, 2010|archive-url=https://web.archive.org/web/20090918233431/http://www.towerwatch.com/Witnesses/Beliefs/their_beliefs.htm|archive-date=September 18, 2009|url-status=dead}}</ref><ref>{{cite book|title=Fundamental freedoms and Jehovah's Witnesses|year=1993|first=Gary Norman Arthur |last=Botting|author-link=Gary Botting|publisher=University of Calgary Press|isbn=978-1-895176-06-3|access-date=December 13, 2009|url=https://books.google.com/books?id=QGSFAAAAMAAJ&q=national+anthem+jehovah%27s+witness|page=27}}</ref><ref>{{cite book|title=Historical Dictionary of Jehovah's Witnesses|year=2008|first=George D. |last=Chryssides |publisher=Scarecrow Press |isbn=978-0-8108-6074-2 |access-date=January 24, 2014 |url=https://books.google.com/books?id=Xx6nUwZzeCsC&q=jehovah%27s+witnesses+stand+national+anthem&pg=PA34|page=34}}</ref>