Roy Moore Says It’s ‘Against the Law’ for NFL Players to Take a Knee

Fact Check: False.

GOP Senate nominee Roy Moore says it’s illegal for NFL players to silently protest police killings of Black people by taking a knee instead of standing for the National Anthem. 

In an interview with TIME published Wednesday, Moore was asked about “NFL controversy, with the players taking a knee.”

The twice-former Alabama state Supreme Court chief justice said in response: “It’s against the law, you know that?”

“Go look it up,” Moore insisted. “It was a act of Congress that every man stand and put their hand over their heart. That’s the law. That’s in the United States Code. 36-USC-301. I back the President in upholding respect for the patriotism for our country, on two grounds. One, it’s respect for the law. If we don’t respect the law, what kind of country are we going to have? Two, it’s respect for those who have fallen and given the ultimate sacrifice. I’m surprised that no one brought this up.”

We’ll get to the “go look it up” part in a moment, but let’s just for a moment laugh at how ridiculous it is that the man who was kicked off the state Supreme Court, as its chief justice, twice, for refusing to accept U.S. Supreme Court rulings he disagreed with because they conflicted with his religious beliefs, is arguing about respecting the rule of law.

OK, back to “go look it up.”

We did. 

Moore is right – 36-USC-301, also known as 36 U.S. Code § 301, is the secton of federal law that deals with the National Anthem. But that’s the only part Moore is right on.

“During a rendition of the national anthem,” the federal code says, “when the flag is displayed…persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart.”

Note the word “should.” 

“Should” does not mean “must.” In fact, there is a world of difference. If the word “must” had been law, aside from it likely being unconstitutional, it would mean a penalty would exist for not following the law.

But it says “should,” and if this is a demonstration of Roy Moore’s ability to understand the law, well, he shouldn’t have anything to do with making it or interpreting it.

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