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The Breakdown: Landry's National Anthem policy push could violate First Amendment

In your Breakdown: Governor Jeff Landry wants scholarships stripped from athletes who miss the National Anthem.

LOUISIANA, USA — He appeared on Fox News Wednesday to say athletes need to respect the anthem and said he sent letters to all the state’s higher education systems and the board of regents.

The letter read in part, “I urge the board to create a policy that mandates all student-athletes to be present on the field, court, etc. for the National Anthem or risk losing their athletic scholarships.”

Despite Landry’s claim, The University of Louisiana System tells us they never received any such letter.

And LSU said teams skipping the anthem is part of a long-time routine. The university wrote in a statement, “Usually the anthem is played 12 minutes before the game when the team is in the locker room doing final preparations.”

The time of the anthem moves for venue needs and broadcast timing, so this is the case for *lots of teams and games. That includes LSU football and the most patriotic sports example I could find: the Army-Navy game.

Logistics and examples aside, this request by Jeff Landry – a self-declared free speech advocate – could land himself, or schools, on the wrong side of a free speech lawsuit.

The First Amendment protects freedom of expression and thought from government intrusion. Requiring a student to attend the anthem or lose their scholarship may violate that.

In West Virginia v. Barnette, the Supreme Court upheld the freedom to not pledge allegiance or salute the U.S. flag in schools.

But the court of public opinion has already decided and is roasting Landry online for shining such a negative light on the Lady Tigers.

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