Time to stop Patrick’s star-spangled blunder

  In his former life, Lt. Gov. Dan Patrick was a radio host and an ardent protector of free speech. So what happened?

Has he become so engrossed in patriotic politics that he has completely forgotten what free speech actually is?

Patrick recently listed his top 31 legislative priorities for the session currently under way in Austin. Fourth on his list is the Star-Spangled Banner Protection Act.

This bit of political rhetoric ranks above much more relevant and important pieces of legislation such as statewide broadband access, bail reform, ending taxpayer-funded lobbying, banning the sale of personal data by state agencies, appellate court reorganization, ending racist restrictions from real estate deeds, and — last on his list — the Senate Redistricting Act. Redistricting is huge and should be nudged up somewhere in the top 10, say perhaps No. 4.

Let it be known up front that we are all for playing the “The Star-Spangled Banner” before sporting and other major events. We believe in patriotism, supporting our troops and honoring our country. What we are against is this gross violation of the First Amendment — one of the keystone rights we hold dear and that is inherently represented by the U.S. flag and anthem.

Patrick took up this standard last fall when it became known that Dallas Mavericks owner Mark Cuban had his team stop playing the anthem before home games. (The NBA subsequently reversed that decision.)

“It is hard to believe this could happen in Texas, but Mark Cuban’s actions of yesterday made it clear that we must specify that in Texas we play the national anthem before all major events,” Patrick said in a statement. “In this time when so many things divide us, sports are one thing that bring us together — right, left, Black, white and brown. This legislation already enjoys broad support. I am certain it will pass, and ‘The Star-Spangled Banner’ will not be threatened in the Lone Star State again.”

As deplorable as Cuban’s decision was, this proposed bill by Patrick is worse. Mandating speech is as gross a violation of the First Amendment as oppressing speech. Patrick should know this. If he does, he has chosen to shun it in favor of political points.

For perspective, we all know that Frances Scott Key (who incidentally was a pro-slavery Southerner) wrote “The Star-Spangled Banner” in 1814 during the War of 1812. What most people don’t know is that the North wrangled it as a patriotic tune during the Civil War. It was at that time on May 15, 1862, in Brooklyn, New York, that it was first performed in connection with a sporting event, or rather at the dedication of a baseball field.

After that, it was usually played during Opening Day ceremonies, but not at every game. That changed in 1918 during World War I. In the first game of the World Series, the Boston Red Sox, led by Babe Ruth, were playing the Cubs in Chicago. It was a time of national despair; the weather was bad and the mood of Cubs fans was somber. “The Star-Spangled Banner” was performed, and the crowd rose to its feet in inspiration and joined in the singing. The mood changed.

That led to the song being performed before regular baseball games and also at other sporting events, aided in part by the creation and use of public address systems. In 1931, it became the national anthem. By the time World War II rolled around, it was cemented as the traditional start of any sporting event across the country. It was never mandated, just tradition.

That’s where Patrick’s bill enters a legal limbo. It would be the first to mandate a performance at state-funded facilities. There is not nor should there ever be any law requiring citizens to perform any speech, song, anthem, or any other such form of communication unless compelled to do so under oath in a court of law.

You can’t legislate patriotism. Besides, how patriotic would it be for the government to punish someone for not performing the anthem?

Patrick’s proposed legislation would be unprecedented, illegal and unconstitutional. It should be dropped from his list and removed from the Legislature’s plate so the real work of the people can be done. – J.S. (Editorial for the Fredericksburg Standard-Radio Post)