Friday, September 2, 2016

Freedom of Expression: Colin Kaepernick and the 1st Amendment


The United States of America is supposed to be the land of opportunity for all citizens.  In this “post-racial” society, race should no longer even be a category to be considered.  If you believe this society is a reality, you can stop reading right now—save yourself some time and frustration.  Freedom of expression falls under the First Amendment of the United States Constitution’s Freedom of Speech.  This right is supposed to be a cornerstone of this country.  An individual’s freedom to speak freely is what separates our government from dictatorships where expressing views would often lead to death.  In case you are wondering: this right includes an ability to express an unpopular view.  It should not be restricted because some people do not approve.  So long as the expression is not illegal, the conduct is afforded unbridled constitutional protection. 

“Controversy”

People are literally up-in-arms because Colin Kaepernick decided to exercise his fundamental right of expression. At its most fundamental level, people are upset because a man chose not to stand when many other people chose to do so.  Colin did not burn, spit on, or otherwise defile the Flag (this is illegal).  He did not decide to go streaking during the playing of the National Anthem (this too is illegal).  

The emotions regarding his action have been very high.  I have actually seen videos of people burning Colin’s jersey to demonstrate their disapproval of his action.  I have also seen members of the Armed Forces supporting his action, which is very telling.  If they—the protectors of this country—can see his point (notice: i did not say agree with his point), why is it that media pundits and other people refuse to do so?  For those who choose to focus on his action as opposed to the cause he is speaking against—injustice—you are missing the larger point.

I’m Not Standing

Colin is not the first black man to refuse to stand during the singing of the Star Spangled Banner.  I am pretty certain he will not be the last one either.  Before Colin, there were a number of famous black men who took stands against injustice.  To be clear: Colin is doing just that.  He is not un-American; he is challenging a system that has over promised and under delivered for minorities in this country for many, many years.  His stance is bringing attention to the many injustices perpetrated against minorities.  His position makes me think about one of my favorite quotes from Dr. Martin Luther King Jr.: “ An injustice anywhere is a threat to justice everywhere.”  Because he is a millionaire should he remain perched on top of his pile of money (a la Scrooge McDuck) as if people of color are not suffering grave injustices in this country?  Colin has decided to use his celebrity status to make a statement.  Also, he has pledged the first 1 million dollars of his NFL salary to community organizations.  In an era where obsession with personal branding and popularity on twitter are paramount, it is admirable to see someone willing to sacrifice for the greater good.  Now, if we could only get more famous black folks to become more socially conscious.  I’ll digress for now. 

What Have you Learned?

The Star Spangled Banner is this nation’s national anthem.  With that said—does it represent the citizens of this land?  If you are unsure, let me provide a definitive answer to the question: NO.  The song was written by Francis Scott Key in 1814 after the U.S. was defeated by the British in the Battle of 1812.  Some context: In 1814, black people were still slaves; they were disenfranchised; and they were considered 3/5 of a human being.  This was not a good time for black folks.  The first verse of the song is what most of us learned in elementary school.  The first verse is not offensive, but there is a third verse.  This third verse, as written by Key, mocks the slaves who ran for their lives. See an exerpt from the third verse below:

No refuge could save the hireling and slave,
From the terror of flight or the gloom of the grave,
And the Star Spangled Banner in triumph doth wave,
O’er the land of the free and the home of the brave

As a citizen, reading this verse should evoke some emotion. That feeling might be anger, or surprise, or sadness.  Either way, you should have a different appreciation for what Colin is standing against—injustice.  The focus really should not be on his chosen method of expression.

Back to Colin who I am proud to say is a fellow member of my fraternity, Kappa Alpha Psi Fraternity, Inc.  Speaking in business terms—he has nothing to gain by making his decision.  I seriously doubt he will receive new endorsements; he will not be invited to host the ESPY’s; he may very well find himself unemployed.  If this happens—and it is not out of the realm of possibility—he would not be the first casualty of war in the battle against injustice. 20 years ago, Mahmoud Abdul-Rauf, an NBA player, decided that he would not stand during the singing of the National Anthem.  He was suspended, then later black-balled from the NBA for his views.  I find it quite shocking and frustrating that we are still fighting for equality in 2016.  This is a fight that has seen great strides, but also painstaking losses.  Although Colin has not likely made any financial gains, he has reclaimed control of his destiny.  I hope his actions have sparked other people—of all races—to find ways to combat injustice. 


Peace    

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