In 1943, in a time of war, no less:
WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624 (1943)
…If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us…
Well, it will certainly be an interesting new year. Via Balloon Juice, a republican senator in the Indiana General Assembly wishes to teach our children, well:
Synopsis: Performance contracts to sing national anthem. Provides that all public schools, charter schools, schools receiving public scholarships, and institutions of higher education must enter into an agreement with any person or group performing the national anthem at any event sponsored by the school that is open to the public to ensure standards for the performance. Provides for enforcement measures and a fine for not meeting the standards set.
Ah, is capital punishment for musical crimes in the mix? That may be a bandwagon I could hop on. The bill, introduced by Senator Vaneta Becker (r):
Introduced Version
[….]
January 4, 2012, read first time and referred to Committee on Education and Career Development.
[….]
A BILL FOR AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-19-3-11; (12)IN0122.1.1. –> SECTION 1. IC 20-19-3-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) As used in this section, “department” refers to the department of education established under IC 20-19-3-1.
(b) As used in this section, “national anthem” refers to the national anthem designated in 36 U.S.C. 301.
(c) As used in this section, “school” means:
(1) a public school, as defined in IC 20-18-2-15;
(2) a charter school, as defined in IC 20-24-1-4; or
(3) any school receiving state or local scholarship funds under IC 20-51.
(d) As used in this section, “state educational institution” refers to a university, college, or other educational institution described in IC 21-7-13-32.
(e) Beginning January 1, 2013, schools and state educational institutions must enter into an agreement with an individual or group before the individual or group is permitted to perform the national anthem at any event that is:
(1) sponsored by the school or state educational institution; and
(2) open to the public.
(f) The agreement required by subsection (e) must provide the individual or group performing the national anthem with the standards and guidelines established under subsection (h). The agreement must require the individual or group performing the national anthem to comply with these standards and guidelines.
(g) Any agreement entered into under this section must provide that if an individual or group performing the national anthem at a function of a school or state educational institution does not comply with the standards set under subsection (h), the individual shall pay the school or state educational institution a fine of twenty-five dollars ($25) to be deposited into the general fund of the school or state educational institution.
(h) The department shall adopt the following rules under IC 4-22-2:
(1) With input from the commission for higher education, standards and guidelines for the words of the national anthem and accompanying music that are acceptable under this section.
(2) Procedures for making a record of any performance of the national anthem covered under this section, including provisions to maintain the record for two (2) years.
(3) Procedures for filing complaints under this section.
(4) Procedures for adjudicating complaints under this section.
(i) Each state educational institution shall establish procedures for:
(1) making a record of any performance of the national anthem covered under this section, including provisions to maintain the record for two (2) years;
(2) filing complaints under this section; and
(3) adjudicating complaints under this section.
[emphasis in original]
“…Any agreement entered into under this section must provide that if an individual or group performing the national anthem at a function of a school or state educational institution does not comply with the standards set under subsection (h), the individual shall pay the school or state educational institution a fine of twenty-five dollars ($25) to be deposited into the general fund of the school or state educational institution…”
I’d amend the bill to include a catalog of swear words subject to a $25 fine to be deposited into the general fund of the school or state educational institution. Think of the fundraising potential.
And where’s the republican controlled Missouri General Assembly on this? At an ALEC conference? There’s no bill yet from them on this subject.
Slackers.