Stand for the National Flag and Sing the National Anthem

Abstract

In 2016, during a pre-season National Football League (“NFL”) game, a player refused to stand during the national anthem, challenging the well-established tradition to pay respect to the American flag and national anthem. Instead, he sat as a protest against past racial discrimination. The NFL rulebook, at the time, contained no provisions regarding what players could or could not do during the national anthem. Former President Barack Obama defended this young football player, saying that his protest shows concern about legitimate issues. The Japanese Constitution of 1947 (the “Constitution”) is modeled on the objectives of American democracy. However, unlike the U.S. Constitution, the Japanese Constitution clearly states that “[f]reedom of thought and conscience shall not be violated.”

Keywords: Japan, constitution, freedom of thought and conscience