Disrespecting the American flag or anthem is not a punishable offense, and if it was, most sports fans, apparel designers and star-spangled patriots would be in trouble.

That’s because the U.S. title codes that dictate flag and national anthem etiquette include a number of requirements that people simply disregard, and do not include any form of punishment for those who violate those guidelines.

U.S. President Donald Trump recently suggested that athletes who kneel during the national anthem should be “fired” for disrespecting the anthem and the flag. But there is no legal precedent for doing so. Trump has also defiantly ignored the real reason for the gesture, which started last year with quarterback Colin Kaepernick taking a knee to protest racial injustice in America.

“The issue of kneeling has nothing to do with race,” Trump said in a Monday morning Twitter rant. “It is about respect for our Country, Flag and National Anthem. NFL must respect this!”

U.S. national anthem etiquette is laid out under U.S. Code Title 36, Subtitle 1, Part A, Chapter 3. Under this code, any non-military member is required to “face the flag and stand at attention with their right hand over the heart.” And, if there is no flag present, “all present should face toward the music and act in the same manner they would if the flag were displayed.”

That means facing the wrong direction, slouching or failing to put your right hand over your heart while the anthem plays at a sports event is technically a sign of disrespect. But everyone does it anyway.

U.S. flag laws are even more stringent under U.S. Code Title 4, Chapter 1, section 8. This section dictates that the flag should never be upside down except in times of distress, that the flag should never touch anything beneath it, that it should never be carried flat or horizontally, and that it “should never be used as wearing apparel, bedding or drapery.”

Other prohibited acts include:

  • Putting any mark, letter, word, insignia, design or picture on the flag
  • Using it to carry anything
  • Using it for advertising
  • Using it as a costume or athletic uniform (Sorry, Captain America and Team USA)