The #TakeAKnee Dilemma

Photo by Marcio Jose Sanchez (AP)

I've been wanting to write something about this for a while now, largely because the story keeps coming up. Then the furor dies down and I wasn't able to narrow down the stream of consciousness that this whole topic spurs. I think I've finally got enough coherent thoughts though that this time I'm good to go. I'd like to start by pointing out that what follows is purely my opinion. If you don't agree with it, fine. If you want to open up discussion about how you don't agree with me, again, fine. But I'm going to try to not engage in any personal attacks about this topic, because they don't help anything, and if you feel the need to engage in debate, I ask that you do the same.



Part of the reason I do is that in 2016 when this whole story first started coming up, I kind of agreed with a lot of people. I didn't necessarily agree with the message Colin Kaepernick was attempting to get out with his act of protest, but I respected his right to do what he was doing. You know, the whole First Amendment thing.

But here we are almost two years later and this issue seems to be a powderkeg in the American stream of consciousness. Critics of the protest don't seem to focus on the message anymore. Instead, it's all about "These [insert code language here] are disrespecting the flag!" and things of that nature. Opponents have tried to delegitimize the protests by turning it into an act of anti-American sentiment, in that by refusing to give what they deem proper respect to the American flag they must hate the country and are trying to destroy what makes America great. Or something.

Photo by Eric Hartline (USA TODAY Sports)

But these protests are not and have never been about the flag, and everyone who makes this argument is deflecting the issue because it doesn't fit with their agenda. "The players should honor the flag that our soldiers have fought and died for!" they say. But consider what that flag represents: freedom. In particular, the freedom of expression that these very players are exercising in their protests. I fully support the First Amendment and its empowerment of the players to undertake these actions. And to directly address the "disrespect" angle, consider other contexts in our culture for kneeling: out of respect for kings in the past, in reverence during religious ceremonies, or when men propose marriage to women. All of these are considered signs of respect or reverence in our culture, yet when the flag is the object of the kneeling, suddenly it's "disrespectful." Hello, hypocrisy.

Anyway, when we get into the legal minutiae, this is where critics of the protests have a point. "If I protested at my job I'd be fired," is the common refrain we hear, and it does ring true. The First Amendment only protects speech from the government. Private entities can effectively do what they want, which is why yesterday the NFL owners agreed on a new anthem policy that requires players to stand at attention during the anthem before the game. Players that don't wish to do this can stay in the locker room beforehand, and anyone caught kneeling on the field is subject to a fine from the league (or at least, their teams are and the team reserves the right to pass that cost along to the offending player).

Whether the NFL can actually do this is under some debate from the NFLPA, and perhaps rightfully so because I'm not sure if this was something that needed to be collectively bargained. But it doesn't solve the problem. It's certainly a better solution than the idea that was floated around on Tuesday of issuing 15 yard penalties to teams whose players refused to stand for the anthem, but a bad idea isn't justified because a terrible one was on the field. To be fair, there weren't really any scenarios where the NFL could have won in this regard. I'd have preferred reverting to pre-2009 rules where players weren't out on the field for the anthem. The possible drawback is that then you're completely censoring players, but it's a better alternative than the current rule. As written, beat reporters will figure out what players weren't out on the field, and those players will then start to get the Colin Kaepernick treatment from fans and possibly from the owners of the league.

Photo from Associated Press (photographer uncredited)

Exacerbating this problem is our President. He's made it one of his personal missions to stomp out dissent from NFL players, first by calling them "sons of bitches" last year, and now by praising the NFL for its new anthem policy. His praising of it is one thing; his seeming interference by saying that protestors shouldn't play is problematic, and his claim that they possibly shouldn't be in the country crosses so many lines it's not even funny. It's unconstitutional and just plain wrong. But you know how things are in 2018: his base just gobbles this all up and repeats the talking points everywhere they can about how their Dear Leader is "making America great again" with his forced nationalism, and we all know how well that's worked out in the past.

The NFL is a league in crisis. Ratings were down last season, and I'd be naive to say that it wasn't at least partially impacted by the people who've decided that alleged disrespect of the flag is enough to make them swear off the NFL forever. I'm not going to scold these people; they're exercising their rights, and while I completely disagree with them and feel that the NFL has greater issues facing it than players protesting, I respect their choice to change the channel. But let's not pretend that this is the driving force killing the NFL. The change in viewership habits of people in 2018, the costs of attending an NFL game, concussions and the damage they cause, and (because I haven't taken a potshot at him yet) the poor commissionership of Roger Goodell all share a larger blame for the state of the league today. In Goodell's defense, I don't blame him for yesterday; this is at the feet of the owners who continue to perpetuate the worst owner-player relationship in American professional sports. I get that they're trying to protect their profits by taking a stance that aligns with the views of those who oppose the protests, and it's their right to do so.

Photo by Jason Decrow (AP)

But know this: the NFL is going to face a reckoning for all of this when the current collective bargaining agreement expires. I've called for a player strike in the past, and I continue to support that notion. I just hope that when this happens (and I firmly believe it will happen) the players will keep everything in perspective. Money talks, and I worry that the fear of the loss of shared revenue will get in the way of arguably more important issues like giving the players a platform to address social issues in their communities or the fact that Goodell is a tyrant who needs to be put in check. I just hope there's enough care in the country for the sport as a whole that this labor stoppage won't be the death knell to a league I enjoy, and that it emerges stronger for its struggles of the past few years.