In the third preseason game of the National Football League’s 2016 season, the San Francisco 49ers hosted the Green Bay Packers (Wyche). Even though week three of the preseason is considered the most important week before the season by the coaches and players, there is little fanfare associated with any preseason game. Coaches are looking for their starters to execute well and analyze this game for final roster cuts and aligning the depth chart. Coach Jim Kelly, the coach for the 49ers, was wrestling with the decision to name a starting quarterback. Blaine Gabbert finished the prior season for the 49ers after Colin Kaepernick had undergone surgery on his left shoulder, and soreness in that shoulder had prevented Kaepernick from playing in the 49ers’ first two preseason games (Branch). Kaepernick’s protest began during the first week of the preseason, but since he was not in uniform, no one noticed. By the third game, Kaepernick was dressed out with him team, and pictures were taken of him sitting on a bench in front of the Gatorade cooler while the rest of his teammates stood. Even then, only one reporter, Steve Wyche of NFL.com, asked Kaepernick about this decision to sit. Kaepernick responded, “I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. 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.” Many Americans did not accept Kaepernick’s message. Kaepernick’s protest was deemed unpatriotic and anti-military, even though Kaepernick insisted that he had great respect for people who fought for this country. Despite this criticism, Kaepernick opted to take a knee during the national anthem during the fourth preseason game. Others did not believe that Kaepernick was genuine in his concerns for struggling minorities. Kaepernick, who made $11.9 million dollars with the 49ers in 2016, was born to single white mother and a black father, and he would soon be adopted by a white family from Wisconsin (Guiterrez). Some believed that this was an attempt for Kaepernick the stay relevant during his struggle to reclaim his position as a starting quarterback. However, Kaepernick’s message resonated with many throughout the country. Other athletes were quick to join Kaepernick by kneeling in response to the display of the American flag. Sales from Kaepernick’s jersey sales skyrocketed to second in the league, only behind then-rookie for the Dallas Cowboys Ezekiel Elliot (Daniels). Civil rights advocates praised his courage for taking a stand against police violence directed toward minority groups. Regardless of the perception, Kaepernick ignited a conversation over race relations and patriotism in the United States.
Instead of bringing attention to the Black Lives Matter movement as Kaepernick said he wanted, the conversation revolved mostly around respect for the flag and national anthem. The United States does have policies outlining appropriate conduct during the playing of “The Star-Spangled Banner.” For example, the United States Flag Code states, “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 (Streufert).” This makes it clear that standing is required during the playing of the national anthem. However, these laws are never enforced. If they were enforced, the NFL and the public would be guilty of breaking several of the other rules of the Flag Code. Having players on the field for the national anthem is a relatively new for the league. In 2009, the NFL accepted millions of dollars from the Department of Defense and the National Guard to have patriotic displays during games (Brennan). On any given Sunday afternoon, service men and women spread a large flag across the playing field and wave it during the pregame festivities. This is in direct conflict with the Flag Code article that states, “The flag should never be carried flat or horizontally, but always aloft and free.” The Code also forbids clothing that has the American Flag on it. Many sports teams are guilty of breaking this rule. College football teams break out special uniforms to honor our military. Mississippi State has worn flag-accented uniforms on two occasions in recent years: in 2016 against Texas A&M and in 2017 against Alabama (“Mississippi State Football Uniforms”). Outside of sports, Old Navy is famous for selling American Flags printed t-shirts during the Fourth of July (Patterson). For Independence Day celebrations, napkins, plates, and cups are manufactured with flag designs on them. Once again, this is violation according to the Flag Code. Article 1 of the Flag Code states, “The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard.”
With all the violations to the Flag Code that happen regularly, Colin Kaepernick may feel as if he is being targeted unnecessarily. Nick Fitzgerald was not the focus of attention on ESPN for weeks because he wore an American flag uniform in a game, and the media did not harass my dad for serving a hot dog on a flag paper plate during our Fourth of July cookout. However, the intent of the individual is important when determining whether a person is failing to show proper respect to the flag. It is difficult to compare Kaepernick to the average citizen. For many Americans, wearing a t-shirt with the flag on it is not intended to be disrespectful. National pride encourages such behavior, and many Americans feel and exhibit a great sense of pride for their country. In a study by the National Opinion Research Center at the University of Chicago, Americans were rated as having the highest national pride among thirty-four other countries (“America Tops in National Pride”). Kaepernick’s protest was admittedly about deliberately not showing pride for America. This contrasted directly with many Americans’ ideals and explains the lack of support for Kaepernick. Fifty-four percent of Americans disapproved of the protests, and only thirty-eight percent approved (Holland).
Despite the lack of enforcement or regard for the Flag Code, I do not believe that it should be changed. Americans should be allowed to display, modify, or celebrate the flag in any way they chose to. Any punishment from violating the Flag Code would be a violation of First Amendment rights, but I do believe that a guideline should exist for those that wish to honor the flag as the government intended.
On my path to becoming an Eagle Scout in the Boy Scouts of America, respect for the flag was an ideal that I encountered often. One of the first lessons I can remember from Scouting was how to properly fold a flag. Memories of raising and lowering the flag at Camp Yocona, a camp in Randolph, Mississippi, and the reverence during that ceremony still linger in my mind. Learning about the meanings behind the flag from leaders that served in the military gave me a better understanding of the sacrifices that ensured our country’s freedom. The Boy Scouts of America is one of the few organizations approved to retire a flag, and I have been involved with several flag retirement ceremonies (“Retiring Old Glory”). It is truly a remarkable experience that causes people to reflect on the country and the ideals and principles associated with the flag. Due to the love of and respect for my country, I could not support Kaepernick in his protest.
I enjoy the freedoms that our government allows, and I expect every other citizen to have the same rights as I do. However, Kaepernick does not believe all of America’s citizens are treated equally. Kaepernick’s narrative is that African Americans are being killed in higher number by police officers than white citizens, and the officers who kill unnecessarily are not having to face any consequences for their actions (Loggins). If Kaepernick believes that, our Constitution affords him the right to have a platform to voice his message. Despite my admiration of my country and its flag and Kaepernick’s opposing opinion of it, I cannot condone any governmental attempt to force Kaepernick to stop kneeling for the national anthem. For the preservation of free speech, the government has protected the right to be disrespectful of our nation’s symbols. During the Republican Party’s national convention in 1984, protestors gathered outside of the party’s meeting place in Dallas in opposition to the nomination of Ronald Reagan for reelection (“Texas v. Johnson”). Gregory Lee Johnson, one of the protesters, doused a flag with kerosene and set it afire. Even though no one was hurt by this display, Johnson was arrested. He was charged and convicted for defiling a venerable object. At the time, Texas, along with forty-seven other states, had laws criminalizing such acts. Johnson was punished with one year in jail and subjected to a two-thousand-dollar fine. Johnson appealed, and his case was heard by the Supreme Court. Johnson argued that his action was protected by the First Amendment, but Texas claimed it had an interest in protecting the flag as a symbol of our country’s unity. The Supreme Court sided with Johnson, saying that the government cannot prohibit an individual’s expression even if the message is offensive to other citizens. Johnson’s display was considered protected speech and was protected by the First Amendment (“Facts and Case Summary – Texas v. Johnson”). The dissenters argued that the flag’s symbol of unity should override the destruction the flag suffers from as a result symbolic speech. This decision has been revisited in later Supreme Court cases, but the original decision has been upheld. The House of Representatives has tried passing an amendment protecting the flag six times. The amendment has passed in the House all six times, but it has never passed in the Senate. It is notable that the amendment requires sixty-seven votes to pass in the Senate, but the amendment has gathered at least sixty-three votes all six times. President Donald Trump made comments that complicated the issue during a rally in Alabama in 2017:
Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a b-tch off the field right now. Out. He’s fired. He’s fired!’ You know, some owner is going to do that. He’s going to say, ‘That guy that disrespects our flag, he’s fired.’ And that owner, they don’t know it. They don’t know it. They’ll be the most popular person, for a week. They’ll be the most popular person in this country. Because that’s a total disrespect of our heritage, a total disrespect of everything we stand for. (Hemingway)
The idea of an elected official calling for the firing of a private employee of a protest did not sit well with many and seemed to directly contradict the essence of the ruling in Texas v. Johnson.
Even though Kaepernick’s protest was for a noble cause and perfectly within the bounds of the First Amendment, the strategy Kaepernick chose was puzzling. His approach was so polarizing that the public lost focus on the message that Kaepernick was trying to convey. After Trump’s comments, the focus became about resisting and showing defiance to President Trump. Even though Trump inserted himself into the conversation, the protest was never about resisting Trump; Kaepernick was critical of both Hillary Clinton and Donald Trump and did not vote in the 2016 election (Tanier). Kaepernick never went into specifics on the changes he hoped to see. Instead, he spoke vaguely about his goals. Without a clear path to victory for Kaepernick, others used his protest to further their own agendas.
Instead of using his stage to benefit the country, Kaepernick deeply divided it. Whether Kaepernick intended to do this this or not, Americans were pressured make a choice between respecting the flag or taking a stand to protect innocent lives. The reality is that Americans can do both. If Kaepernick would have chosen less offensive methods to communicate his message, a more positive change might have occurred. Uniting Americans for a common good would have potentially furthered Kaepernick’s cause exponentially. In time, we will be able to see the results of Kaepernick’s protest, but the short-term results are underwhelming. According to the Washington Post’s Police Shooting Database, 987 people were shot and killed by police in 2017, with 20 of the victims being unarmed African Americans (“Police Shootings 2017 Database”). Contrast this with 2016 when 963 people were shot and killed by police, with 19 of those being unarmed African Americans (“Police Shootings 2016 Database”).
Kaepernick opted out of his contract with the 49ers at the end of the 2016 season. No other NFL team has offered Kaepernick a job. Since then, Kaepernick has been reclusive even though his name is still mentioned often by the media. Kaepernick has used his wealth to support charities. H.O.M.E., or Helping Oppressed Mothers Endure. This group was ecstatic to receive $25,000 from Kaepernick. Black Veterans for Social Justice, the Coalition for Humane Immigrant Rights of Los Angeles, and Appetite for Change also received donations. Kaepernick has held camps for children in Chicago, Oakland, and New York. These camps teach people how to properly interact with law enforcement and stress the values of higher education.
Many believe that Kaepernick is being punished for his protests. Last November, Kaepernick filed a grievance against the NFL, claiming that the NFL owners colluded to ensure he would not play in the league again (O’Connell). The right to protest is scared to Americans, and this right separates America from dictatorships in the world. If a company can fire over an expressed political view, the essence of the First Amendment would be extinguished. However, I believe that the NFL has a right to protect its brand, and Kaepernick protesting during an NFL game clearly damaged the perception of the NFL. If Kaepernick had protested on his own time, I believe that Kaepernick would be on a roster today. However, his decision to protest during an NFL game hurts the NFL, and I believe that the owners of NFL teams can freely chose not to sign Kaepernick. Even if Kaepernick was still one of the best quarterbacks, he is not entitled to spot on anyone’s roster.
The NFL will have new rules concerning the national anthem in the upcoming season (Garcia-Navarro). If players wish to kneel for the anthem, they may remain in the locker room, but they must stand if they are on the field during the anthem. Television viewership decreased eight percent during the 2016 NFL season, and the protests factored into this decline (Deitsch). While this new policy will remove the images of the players kneeling for the anthem, the debate will continue to rage on as players choose to remain inside.
Despite his earlier comments, Donald Trump has reached out to Colin Kaepernick to discuss race relations in the United States (Dicker). This meeting, which will take place in the summer of 2018, is part of a summit featuring several African American athletes and musicians, such as Jim Brown, Mike Tyson, and Kayne West. Trump is reportedly very enthusiastic about this meeting. Kaepernick is being given another opportunity to voice his concerns for the African American community, and I hope that progress can be made in a respectful, productive fashion.