The National Anthem

November 1, 2016

The National Anthem has been in the news this fall ... across the nation when players have demonstrated discontent during its playing at sporting events ... in Michigan over administrators' decisions about how frequently it was played when multiple sporting events were at the same venue on the same day or night.

Frankly, my biggest complaint is not about peaceful demonstrations of deeply felt feelings. And my complaint is not about game management determinations to have the National Anthem played or performed just once when there is a JV and varsity double-header at a site.

In fact, I welcome those debates, because at least it causes people to think. For my biggest complaint for many years has been the lack of thought that goes into most occasions when the National Anthem is a part of sporting events. How casual we often are. The National Anthem is so frequent and routine at most high school events that, sometimes, spectators barely notice.

I don't mind that most spectators don't sing the National Anthem – it's an almost un-singable song. And the words – glorifying war – are hardly what I'd like recited at sporting events, which too often are stupidly equated with war.

What I do mind is forgetfulness, both of the sacrifices that have secured this free country and of the toleration for freedom of expression that our secured freedom protects.

Controlling Authority

September 22, 2017

On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.

At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”

The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.

For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.

The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.