Although less players are protesting during the National Anthem with each passing week since President Trump's initial comments, the controversy seems to be far from over. This week the debate rages on as some teams are starting to enact protocol for players during the National Anthem. So far, the Miami Dolphins and Dallas Cowboys have made it clear players are to stand for the National Anthem.
Cowboys owner Jerry Jones said any player who "disrespects the flag" will promptly be benched.
This begs the question: is this practice legal? The First Amendment has been brought up countless times during the ongoing controversy. The amendment protects free speech and expression, so shutting down a protest during the National Anthem would violate that amendment, right?
It's not that straightforward.
The First Amendment states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
In the context of the First Amendment, free speech is protected from government intervention. This means no laws can be passed that infringe on these freedoms, and that individuals cannot be punished by the government for these actions.
This is the most important part of understanding the amendment: it protects you from the government.
The NFL is a private organization, and as such, the First Amendment actually gets thrown out the window. Private organizations, from businesses to universities, do not have to adhere to the First Amendment, as they are not government entities.
So the decisions by Jerry Jones and the Miami Dolphins are not illegal. But what about player's rights under the Collective Bargaining Agreement? The players signed a contract to play football games, can they really be benched for expressing their views?
Coaches, along with influence from the general manager and owner, decide who plays every Sunday. A player can be benched for poor play, team misconduct, disciplinary reasons, or just because the coach feels like it.
Teams do not have to answer to the NFL regarding why a player did or did not play in any game. Although some players may want free speech protection from the league, allowing the NFL to intervene in player personnel decisions is a slippery slope. What if a player feels he unfairly benched due to poor play? Should he have recourse with the league office as well?
At the end of the day, a team can bench a player for any reason.
So looks like that settles it, there are no violations of the First Amendment.
Or is there still?
As we've established, the amendment protects citizens from government punishments of free speech.
Is Donald Trump pressuring players to stand for the National Anthem illegal? No.
Is Donald Trump pressuring the league to pressure players to stand for the National Anthem illegal? Quite possibly.
President Trump has used his political platform, and specifically, his Twitter account, in attempts to influence the decisions of a private organization, the NFL.
This tweet is when things started to get especially complicated:
In this tweet, the President continues to express his disdain for protests during the National Anthem, and thinks the NFL should no longer receive a tax break as a result.
The President is saying unless a private organization shuts down free speech, they will receive less government assistance. This appears to be the first violation of the First Amendment.
It begs even more questions that we won't get to today: Is the NFL even getting a tax break right now? Was Trump's tweet an empty threat or a promise of action? Isn't Trump threatening the NFL and not the players directly?
In conclusion, based on my knowledge and education:
- Teams are allowed to force players to stand for the National Anthem and bench those who don't.
- The league is allowed to enact a rule stating all players must stand for the National Anthem.
- President Trump is NOT allowed to punish the NFL.
- President Trump should not influence owners or the league to change their rules, as they are private entities and he is a government figure.
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