Colin Kaepernick is Still Unemployed
As
of August 13, 2017, Colin Kaepernick is still unemployed. What a surprise! Many people saw this coming just as soon as
he bucked the system that is the NFL. Some
have called Kaepernick a modern day martyr because he has courageously stood up
for his beliefs in the face of a multi-billion dollar conglomerate: The NFL. Although this situation is unfortunate, it is
certainly not a new issue. Black athletes
have stood in opposition to oppression for many years. And when those athletes ruffled enough feathers,
they were blackballed. Kaepernick is very
intelligent, so I believe he knew what he would face by going against the
system.
Kaepernick's Peaceful Protest
For just a moment, let us examine Kaepernick’s
action that has offended so many “patriots.”
For those who do not know, Kaepernick, a former quarterback for the San
Francisco 49ers, decided to sit during the singing of the national anthem. To be clear: Kaepernick did not defile a flag,
or perform any illegal act. Instead, he exercised
his freedom of speech. The U.S.
Constitution provides certain rights to citizens of the U.S.—but like most
things—there are limits.
The First
Amendment to the U.S. Constitution provides:
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.
But I'm Protected by the First Amendment!
The First Amendment is applicable to
governmental actors, such as local, state and federal employers. The National Football League, however, is a private employer. That said, an employee of a private employer
does not have the right to claim First Amendment freedom of speech while at
work. Kaerpernick was an employee of the
49ers, so although they could not force him to stand, they were able to take
other actions against him that any other private employer could take against
its employees.
To help illustrate that point, let
us assume that Employer X is a media company.
John Employee works as a news anchor for the company. Employer X has a longstanding company policy providing
that news anchors cannot have visible tattoos.
John Employee, after working for Employer X for 9 years, decides that he
wants to tattoo the Bill of Rights across his forearms, neck and forehead. John believed he was exercising his First
Amendment Right to free speech. However,
because Employer X was a private employer, its policy prohibiting visible
tattoos trumped John’s freedom of speech while he was at work. As a result, John Employee was terminated.
This hypothetical situation should
be considered only to illustrate how an employee’s First Amendment rights are not
absolute.
Post-Racial America
Some people believe we live in a
post-racial society. This is not true,
however. Race is still a major factor in
a lot of the events that happen in this country. To suggest that race does not play a role
in Kaepernick’s inability to find a new NFL team is either recklessly naive, or
intentionally evasive. My parents have
always told me that you can tell a person’s true feelings for you during times
of adversity. It is very easy to be friends
with someone when things are smooth. In
the case of the NFL owners, it is also very easy to support a player who helps
add value to the NFL brand, which is already worth more than $62 billion. Prior to Kaepernick’s decision to kneel, to
my knowledge, he did not have any issues finding work. He was a very successful quarterback. He was
well-positioned to continue receiving seven-figure paychecks for years to
come. However, the moment he went
against the grain, the NFL turned its collective back on him.
Peaceful Protest is Not Akin to Criminal Acts
The sad part about this case is that
certain people have compared Kaepernick’s decision to peacefully protest
to illegal acts committed by other NFL players.
However, it is not at all surprising.
It is eerily similar to how the media often chooses to label black
victims as criminals even when they are in fact victims. Here, members of the media have tried to
assassinate Kaepernick’s character by comparing him to athletes who were
charged with committing criminal acts.
For the uniformed, this makes it much easier to see Kaepernick as an
antagonist instead of a law abiding citizen exercising his rights. This, again, is a typical media trick. Do not be fooled.
The Road Ahead Will Be Rough and Rocky
The road ahead for Kaepernick will
be rocky. I do not think he will ever
play for another NFL franchise. Further,
I do not think he will ever have the chance to work for the NFL in any
capacity. I believe the endorsement
deals he once received will never return.
Kaepernick is fighting against a
system of oppression that has been crushing Black men for hundreds of
years. It started with slavery. Then, after Blacks began to make progress
during Reconstruction, those efforts were thwarted with the system of oppression
known as Jim Crow. Once the Jim Crow
laws were abolished, mass incarceration reared its ugly head.
Sometimes an unfortunate situation
can push a person towards what they were put on this planet to do. In this case, maybe Kaepernick was placed on
this planet to join the fight against oppression. Maybe that will be his legacy. Maybe football
will only be a small part of who he is as a man and ultimately what his legacy
will be. Only time will tell.
Peace
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