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Patriotic uniforms


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17 minutes ago, RoughRiders99 said:
(j) No part of the flag should ever be used as a costume or athletic uniform.

Source: https://www.law.cornell.edu/uscode/text/4/8

The thing is they aren’t taking the flag and making a uniform out of it. Using a pattern that matches the flag on a uniform isn’t the same as taking the flag and making a uniform out of it. It’s all about looking into what the code actually states. It’s up to powers higher than us to determine the intent of the code and so far none has come to say they have violated the code in any way.

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1 hour ago, dont care said:

The thing is they aren’t taking the flag and making a uniform out of it. Using a pattern that matches the flag on a uniform isn’t the same as taking the flag and making a uniform out of it. It’s all about looking into what the code actually states. It’s up to powers higher than us to determine the intent of the code and so far none has come to say they have violated the code in any way.

 

The flag code's reference to athletic uniforms clearly wasn't intended to literally mean taking part of a U.S. flag and making a uniform out of it, but that doesn't matter to me. I think it's bad whether there's a non-binding or binding rule against it or not. 

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1 minute ago, DeFrank said:

 

The flag code's reference to athletic uniforms clearly wasn't intended to literally mean taking part of a U.S. flag and making a uniform out of it, but that doesn't matter to me. I think it's bad whether there's a non-binding or binding rule against it or not. 

 

This.

 

Argue the semantics all you want, but the Flag Code clearly suggests against this.

 

Fortunately, the Flag Code is just that - a suggestion - and not a law, so individuals and teams are free to display or use the flag design any way they please. But I'm personally not a fan of any of these.

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1 hour ago, dont care said:

The thing is they aren’t taking the flag and making a uniform out of it. Using a pattern that matches the flag on a uniform isn’t the same as taking the flag and making a uniform out of it. It’s all about looking into what the code actually states. It’s up to powers higher than us to determine the intent of the code and so far none has come to say they have violated the code in any way.

 

Using legal canons of construction, there is no distinction between flags and things made to look like the flag. Otherwise it would render 36 U.S.C. §176 (j) fairly meaningless: “No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.” 

 

If this really only refers to actually cutting up a flag and using that part as part of a uniform, then it would only apply in such narrow cases to be rendered moot. In statutory construction, the language should never be interpreted in a way that renders it moot. I’m happy to entertain counter-arguements. 

 

Flag code is etiquette and not criminally punishable, but I’m just pointing out that since “[n]o part of the flag should ever be used as a costume or athletic uniform,” these schools are likely in violation of that etiquette and potentially being as disrespectful to the flag as other violations (violations which I will not enumerate here).

 

That said, I don't condemn the uniforms on the basis of poor flag etiquette (though they probably are based on the arguments I’ve expressed), I’m dislike them for how gaudy and poorly designed they are. They also smack of “look-at-me-being-patriotic” type of sentiment that can often seem insincere.

 

Here are some examples attempts by my teams to be patriotic that I hated:

 

All BYU really needed to do was keep their standard logo and change one or both of their blue helmet stripes to red.

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1404227.jpg

 

"Row the Boat" Gophers with their strips of bacon--should have worn these against Iowa:

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On a slightly related note, are overly "America!!!" uniforms (which I hate for the reasons mentioned, they are overdone, gaudy and thus usually have no real meaning) an American thing? I'm not well-versed on a lot of other nations, but I can't recall seeing a Canadian team effectively wearing a Canadian flag uniform (although the maple leaf is common). Does the UK have teams wearing patriotic Union Jack uniforms?

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1 hour ago, Quillz said:

On a slightly related note, are overly "America!!!" uniforms (which I hate for the reasons mentioned, they are overdone, gaudy and thus usually have no real meaning) an American thing? I'm not well-versed on a lot of other nations, but I can't recall seeing a Canadian team effectively wearing a Canadian flag uniform (although the maple leaf is common). Does the UK have teams wearing patriotic Union Jack uniforms?

UK teams limit how many uniforms they have so flag waving kits don't usually exist.

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2 hours ago, Quillz said:

On a slightly related note, are overly "America!!!" uniforms (which I hate for the reasons mentioned, they are overdone, gaudy and thus usually have no real meaning) an American thing? I'm not well-versed on a lot of other nations, but I can't recall seeing a Canadian team effectively wearing a Canadian flag uniform (although the maple leaf is common). Does the UK have teams wearing patriotic Union Jack uniforms?

The Blue Jays' occasional "Canada!" uniforms come to mind, where red goes from a minor accent color to the only color (aside from white). Unpopular opinion: I don't like those either.

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On 3/19/2019 at 11:10 AM, dont care said:

The thing is they aren’t taking the flag and making a uniform out of it. Using a pattern that matches the flag on a uniform isn’t the same as taking the flag and making a uniform out of it. It’s all about looking into what the code actually states. It’s up to powers higher than us to determine the intent of the code and so far none has come to say they have violated the code in any way.

 

Anything that looks like the flag is a flag, according to Section 3:

 

“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 UnitedStates of America.”

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3 hours ago, andrewharrington said:

 

Anything that looks like the flag is a flag, according to Section 3:

 

“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 UnitedStates of America.”

 

 

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