The Right Response to Colin Kaepernick

At an NFL exhibition game on August 26, San Francisco 49ers quarterback Colin Kaepernick created a stir among sports fans and other observers for refusing to stand and put his hand over his heart while the national anthem was played at a 49ers game.

This was not a one-time incident; since then, Kaepernick and a growing number of other NFL players have refused the action at every NFL game and seems to be decided to continue what he calls a protest against police brutality against African-Americans.

“I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” said the bearded player, who currently has a 6-year contract with the San Francisco team worth $114 million.

“To me, this is bigger than football, and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder. I’ll continue to sit. I’m going to continue to stand with the people that are being oppressed. To me, this is something that has to change. When there’s significant change and I feel like that flag represents what it’s supposed to represent, this country is representing people the way that it’s supposed to, I’ll stand.”

That Kaepernick was breaking a longstanding tradition — within his team, his league and his sport — seemed to be less of an issue for many people than what he believed his action represented.

Kaepernick’s action divided people — including his teammates and others in the league — into those who supported him and those who believed he was disrespecting his sport, his country and the police, including the very officers who work at 49ers games at Levi’s stadium.

Given all the attention Kaepernick has garnered — both positive and negative — it surely wasn’t going to be long before another athlete decided to take a similar action, and on September 1, Kaepernick’s teammate Eric Reid also performed the same gesture.

On September 4, Seattle U.S. Women’s soccer player Megan Rapinoe decided not stand either during her games’ national anthem, claiming “solidarity” with Kaepernick; instead, she knelt while her teammates stood up.

In every NFL game since there has been a player that has knelt or sat down during the National Anthem. It seems support for Kaepernick’s stance is growing among players and even among team owners. Last Sunday during the Miami Dolphins v. Seattle Seahawks game Dolphins owner billionaire Steven Ross knelt during the national anthem along with 4 other Miami players.

At the same time, other league players have spoken up about the issue, attempting to show their patriotism. New York Giants offensive lineman Justin Pugh tweeted on August 27, “I will be STANDING during the National Anthem tonight. Thank you to ALL (Gender, Race, Religion) that put your lives on the line for that flag.”

With Kaepernick’s and other player’s actions gaining much media attention, there has been a focus on what repercussions the players might face, if any. Despite some organizations such as the American Family Association saying that their actions are actually illegal under the U.S. Code of the American Flag (36 U.S. Code § 301), those “laws” are merely guidelines. There is no definitive law that says any American citizen is required to behave in any manner whatsoever when the flag appears or the national anthem is played.

Indeed, some protesters (as many have in the past) might choose to desecrate or burn the flag, to yell out while the national anthem is being played or sung or to replace the anthem’s lyrics with darker ones of their own choosing; the possibilities for perversion of our country’s symbols and sayings are all but endless. Because of the First Amendment granting free speech, all Americans are able to express themselves in these or any number of equally vile ways.

In Kaepernick’s case, both the 49ers management and the NFL have decided not to intervene or impose a penalty — which they probably could if they wanted to (they have fined players for lesser offenses) without fear of legal reprisal.

The 49ers issued a statement that reads, “The national anthem is and always will be a special part of the pregame ceremony. It is an opportunity to honor our country and reflect on the great liberties we are afforded as its citizens. In respecting such American principles as freedom of religion and freedom of expression, we recognize the right of an individual to choose to participate, or not, in our celebration of the national anthem.”

According to NFL Vice President of Communications Brian McCarthy, “Players are encouraged, but not required, to stand during the playing of the national anthem.”

One further controversy that has developed in the interim is that linebacker Avery Williamson of the Tennessee Titans wanted to wear special shoes commemorating the 9/11 terror attacks. Instead of allowing the players the right to express themselves this way, the NFL told Williamson he would be fined for breaking the league’s uniform code.

Williamson initially decided to back down, but changed his mind after reports of the incident went viral and New York police associations (including the one representing the World Trade Center) offered to pay the fine. Perhaps the NFL needs to learn a bit more about honoring those valiantly protect the country (and its games) day-in and day-out.

After the brouhaha over this issue began, President Obama decided to weigh in on the issue, predictably coming down on the side of the First Amendment. He issued a statement that Kaepernick was exercising his rights to free expression and that he has the right to protest about “real, legitimate issues.”

Some of Kaepernick’s teammates disagreed with his actions, but said they supported his rights to protest. “When it came out, honestly I took offense to it,” said player Daniel Kilgore. With teammate Eric Reid supporting Kaepernick, it seems possible that more players on the team or in the sport may join him. In soccer player Megan Rapinoe’s case, neither her team nor her league has commented on the matter yet.

Just as people have the right to celebrate Kaepernick’s expressing himself, people and organizations also have the right to criticize it and even take independent actions that denounce it. Kaepernick should be on notice that other athletes who have generated controversy have taken pay cuts, even if they have not been cut from teams’ rosters.

In the wake of a widely reported lying scandal in the Rio Olympics, swimmer Ryan Lochte lost approximately $1 million worth of endorsement contracts. Corporations that weren’t pleased with Tiger Woods’ marital cheating in 2009 cost the golfer $22 million in endorsement package cancellations, although a certain percentage of those companies (such as Nike) quietly stuck by the star.

Kaepernick should realize that his multiple brand endorsements could also be threatened. The 49ers’ player nonchalantly said he’s prepared for whatever action his commercial sponsors want to take. Other groups Kaepernick may want to consider, however, are his fans — both present and former.

Certainly, there’s been no shortage of disgruntled NFL supporters burning their replicas of Kaepernick’s jersey in the wake of his actions. Comments on Twitter, Instagram and other social media have been downright vicious. Indeed, instead of financial penalties, Kaepernick may want to consider the damage that he might incur in the court of public opinion.

The general public can be a brutal judge, and if Kaepernick’s team gets the message that fans no longer want to see him at games or that his presence is driving attendance or purchases of memorabilia down, that could easily be a reason for them to take action by trading him, benching him or worse — cutting him — if they feel it’s warranted.

Players are supposed to generate positive PR for a team, not negative backlashes. In the end, the fans may be the ultimate arbiters in this protest — both on and off the field. If teams like the 49ers get the message that certain players are unwanted, either they or their league may want to reconsider the policies of political expression they’ve committed to so far.

 


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