If you're an American and/or sports fan, you've probably heard about San Francisco 49ers quarterback Colin Kaepernick not standing up during the National Anthem. In an interview with NFL media after the game, Kaepernick stated "[he's] not going to stand up to show pride in a flag for a country that oppresses black people and people of color . . . this is bigger than football and it would be selfish on [his] part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.” Many Americans and fans alike are outraged by his decision, calling him a slew of names: unpatriotic, disrespectful, anti-American, etc. In my opinion, he doesn't deserve the negative criticism he's received and here's why:
Colin Kaepernick is exercising his First Amendment rights.
The Constitution states that "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," (US Const. amend. I). By choosing to sit down during the National Anthem, Kaepernick is exercising both his freedoms of speech and peaceful protest. Texas v. Johnson of 1989 and the ruling of that case can also be applied here to Kaepernick's situation.
In 1984 at the Republican National Convention in Dallas, Texas, civilian Gregory Johnson burned an American flag outside of the building the convention was being held. While Kaepernick didn't burn a flag, the actions of both him and Johnson are protected under the First Amendment of the Constitution. The 5-4 ruling in favor of Johnson stated that him burning the flag constituted as "symbolic speech" and was therefore protected, and while it may anger others, one's First Amendment rights reigns supreme over scrutiny. Gregory burned that flag to make a political statement, just like Kaepernick did by sitting down during the National Anthem.
“The media painted this as I’m anti-American, anti-men-and-women of the military and that’s not the case at all,’’ Kaepernick stated to the press. “I realize that men and women of the military go out and sacrifice their lives and put themselves in harm’s way for my freedom of speech and my freedoms in this country and my freedom to take a seat or take a knee so I have the utmost respect for them. I think what I did was taken out of context and spun a different way.’’ I agree in that many people assumed he was being disrespectful to the nation and those who defend it, even after he told them the truth about why he decided to sit. Kaepernick also told the press that he would donate one million dollars to organizations and communities that support his cause to end police brutality and racial oppression and inequality to reiterate exactly what he's protesting.
In the end, I respect Kaepernick for using his elevated status as a professional football player to peacefully protest and let his voice be heard during a time where it desperately needs to be. I encourage anyone who feels the need to speak out against something happening within society and the nation to participate in peaceful protest and to exercise their First Amendment rights. The Constitution of the United States protects you when you abide by it, so use it to your advantage just as Colin Kaepernick did, regardless of societal disapproval.
