Thursday, September 28, 2017

OF PROTESTING, THE FIRST AMENDMENT, AND THE NFL

It is very important to point out the FACTS in regards to the issue of the NFL players who feel they have a First Amendment right to protest. This would be true in some cases;  but it not true in this case. These players are employees of the National Football League.

Do not believe all you hear, read or see in the news, on the internet, on YouTube, or other places. The following are actually excerpts from stated sources and you can check this for yourself if you choose to do so. Let's quit being stupid.

Provided below an excerpt from the NFL Player's Manual that specifically addresses this issue and how it should be handled. Why the management of the National Football League either doesn't know its own rules or chooses to ignore its own rules I cannot speculate. But it is clear that this is a nefarious act, much more sinister than it appears on the surface.

The federal law which addresses the manner in which one conducts himself/herself whenever the National Anthem is played is also provided below. 

Many people claim that the athletes have a First Amendment right to kneel in protest of the National Anthem and injustice, but this is not accurate. In order for the First Amendment to apply to any situation, there must be a government entity involved on one side and a private person, group or organization on the other side. In the NFL context, there is no government entity and thus, there is no First Amendment concern.
The NFL and the various teams are private and the players are private employees of the National Football League. These are not being made to play. This is their chosen job/profession. The players have no First Amendment right to protest during their employment, including during the game. Interestingly, the NFL's operations manual addresses the National Anthem as follows:

During the National Anthem, players on the field and bench area should stand at attention, face the flag, hold helmets in their left hand, and refrain from talking. The home team should ensure that the American flag is in good condition. It should be pointed out to players and coaches that we continue to be judged by the public in this area of respect for the flag and our country. Failure to be on the field by the start of the National Anthem may result in discipline, such as fines, suspensions, and/or the forfeiture of draft choice(s) for violations of the above, including first offenses.”

If the NFL chose to enforce its own operations manual that requires players to respect the National Anthem by being on the field, standing and otherwise showing respect, the continuing protest would cease.

The players have no First Amendment right to protest. The NFL has refused to allow players to wear decals or armbands or engage in other protests or show of support without prior approval. If the NFL or the football teams want to stop the protests, they have the right to do so.

WHAT DOES THE LAW HAVE TO SAY?

36 U.S. Code § 301 - National anthem
(a)Designation.—
The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.
(b)Conduct During Playing.—During a rendition of the national anthem
(1) when the flag is displayed—
(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;
(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and
(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and
(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 110–417, [div. A], title V, § 595, Oct. 14, 2008, 122 Stat. 4475.)

No comments: