Monday, January 15, 2018

NFL Protest: Appropriate or Disrespectful?

By: Vivian Nguyen


In 2016, San Francisco 49ers Colin Kaepernick protested police brutality and racial equality by
kneeling during the national anthem, starting a movement that athletes would continue throughout
2017. The protest caused mixed reactions; some people support the movement while others believe
it’s unpatriotic and disrespectful to those who’ve served. But is it really disrespectful?


Below are some common arguments about the protest being disrespectful:

Some argue that the “Take a knee” movement is inappropriate because “football should have nothing
to do with politics.” Well, the reason why the National Anthem began playing at sporting events was
politically motivated.The National Anthem wasn’t always played before a football game. In fact,
during World War II it was played before every game as a strategy to increase nationalism. It stuck
because NFL commissioner Elmer Layden asked that it remained to be played every game. Until 2009,
it wasn’t even mandatory for players to be on the field during the anthem.


Some argue that “kneeling is unpatriotic and disrespectful to the people who’ve served.” But are they
really in the position to decide that? Taking a knee was chosen because it’s a respectful gesture. There
are people who’ve served who support the movement, and it would be unusual to say that they are
disrespecting themselves. There are others who’ve served who feel otherwise, but that’s okay because
it’s their opinion. Despite the opinions, people go to war to fight for other’s rights, and the athletes are
exercising their freedom to peaceably assemble, which can’t be taken away by an opinion. In West
Virginia State Board of Education v. Barnette (1943), the Supreme Court decided that the free speech
clause of the First Amendment protected students from having to salute the flag and say the Pledge of
Allegiance, and it still applies: “If there is any fixed star in our constitutional constellation, it is that
no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or
other matters of opinion, or force citizens to confess by word or act their faith therein. If there are any
circumstances which permit an exception, they do not now occur to us.”


Some argue that “kneeling during the anthem is disrespectful to the flag,” but aren’t as upset when
people disrespect the flag in other ways. The U.S. Flag Code contains the rules of how to respect,
handle, and display the flag, and many people are not aware of how common it is for people
unintentionally break the code. The law is not legally binding, but seen more as flag etiquette. A few
commonly broken rules include:

  • The flag should never be carried flat or horizontally, but always aloft and free.
  • The flag should never be used as wearing apparel, bedding, or drapery.
  • The flag should never be used for advertising purposes in any manner whatsoever. 
  • It should not be embroidered on anything that is designed for temporary use and discard.
Alabama’s Republican nominee for the US Senate, Roy Moore even went as far as to claim kneeling
was against the law, but it’s not. He cites Title 36, section 301 of US code: “During rendition of the
national anthem when the flag is displayed, all present except those in uniform should stand at attention
facing the flag with the right hand over the heart. Men not in uniform should remove their headdress
with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform
should render the military salute at the first note of the anthem and retain this position until the last note.
When the flag is not displayed, those present should face toward the music and act in the same manner they
would if the flag were displayed there.” Title 36, section 301 of US code uses the term “should” rather than
term “shall” to differentiate between a suggestion from a mandatory rule, and in this case, it’s a suggestion.
The other rules in flag code also use the term “should,” so if kneeling is considered disrespectful, breaking
the other rules should be held at the same standard.


Some people think “football players shouldn’t be kneeling because they’re privileged,” but that
argument is flawed because having money doesn't erase oppression and racism; it makes it seem like
you should only care about the problem if you’re affected.


Some people argue that “there are other ways to protest” and that “taking a knee doesn’t solve the
problem,” but those arguments are flawed as well. Kneeling silently is peaceful and safe, and doing
it during a football game is a good way to bring awareness because it’s a large platform. Although
taking a knee doesn’t end police brutality and racism, the goal of the movement is to bring awareness,
much like like wearing pink for breast cancer and those bracelets at school for anti-bullying month.


Moral of the article: if you think it’s disrespectful, don’t kneel, but don’t take away other people’s
rights because you don’t agree with them.

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