With Liberty And Justice For All?: We Need To Talk About The First Amendment
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Politics and Activism

With Liberty And Justice For All?: We Need To Talk About The First Amendment

Even if one disagrees with Colin Kaepernick sitting during the National Anthem, it is important that everyone still stands by right to do so.

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With Liberty And Justice For All?: We Need To Talk About The First Amendment
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When 49ers quarterback Colin Kaepernick refused to stand during the National Anthem before a preseason game at Levi’s Stadium as a form of protest against police brutality in America, he became the spark that ignited a firestorm surrounding conversations of patriotism, racial injustice and First Amendment rights. Conservatives and liberals alike decried his actions, many believing that his refusal to stand for our nation’s anthem was disrespectful not only to the country, but to the soldiers who have fought and died for it. While Kaepernick has stated that his protest is in no way meant to demean the military, many still believe his inaction towards the flag and the National Anthem say otherwise. Saints quarterback Drew Brees stated in an interview that the American Flag is sacred and "...represents the very freedom that Colin Kaepernick gets the opportunity to exercise by speaking out his opinion in a peaceful manner about that issue.”

Tomi Lahren, conservative reporter for The Blaze, spoke out with much more force saying “Colin, if this country disgusts you so much — leave...I guarantee there are thousands and thousands of people around the world who would gladly take your spot, because those that don’t live under this flag are banging on the door to get in, not get out. Remember that.” Many sports fans were angered that Kaepernick would use his platform to speak on race and political issues, deeming the football player unqualified for such a protest due to his monetary status as a football player. Others who lack a sense of irony, went on to tell Kaepernick that there were no longer issues with race in America, while simultaneously throwing racial epithets at the quarterback. Although many have labeled Kaepernick’s actions as “unpatriotic”, it is important to remember that his actions were protected by the First Amendment and that attempting to censor protected speech could very well be much more unpatriotic then declining to participate in a symbolic gesture of patriotism. As Americans, we must begin to educate ourselves on what is and is not protected by the Constitution so that we can begin to have more meaningful conversations that may lead to a better America.

The First Amendment: What It is and Why It’s Important

The Constitution protects some of our most fundamental rights as Americans. In the Bill of Rights of the Constitution, the First Amendment states “Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people to peaceably assemble and to petition the Government for a redress of grievances.” It protects our ability to protest peacefully any issues we feel must be addressed, it protects our press from being censored by the government, and most importantly, it protects the citizens from losing the ability to speak openly and freely. The freedom of speech may be one of the most important rights one can have. It encourages critical thinking by allowing for different perspectives to be brought forth, perspectives that can change how one feels or thinks about certain situations. It allows us to measure ourselves against the impressions and ideals of others, forcing us to face our values and challenge them. It creates the opportunity for progress, as people find different ways to handle situations and become better versions of themselves. The freedom of speech can spark ideas that change the world. The freedom of press allows for a platform for these ideas to be exchanged, even if the ideas are unpopular. These ideas may lead to a demand for change and challenge of the status quo, which is also why the freedom to peacefully protest is so important.

The demand for the removal of Colin Kaepernick however, seems to suggest that many Americans believe otherwise. It would not surprising if many Americans did not know that Kaepernick’s protest was protected by the First Amendment. According to the First Amendment Center at Vanderbilt University, the amount of Americans that truly know what the First Amendment does and does not protect has dwindled severely over the years. As of 2010, 61 percent of Americans knew that the First Amendment protected the right to free speech while less than 6 percent knew that it also protected the right to protest and petition the government for grievances. This lack of education on the Constitution overall has caused many to be unaware of their own rights as well as the rights of others. Due to this lack of knowledge about the First Amendment, it is not shocking that many are unaware of precedents set by the Supreme Court that allowed for certain actions to be covered under the First Amendment as well as set limitations under it. While many are angered at Kaepernick, the 1943 Supreme Court ruling for West Virginia Board of Education v. Barnette ruled that one did not have to stand for the flag. Symbolic speech, such as flag burning, was also protected by 1989 Supreme Court ruling of Texas v. Johnson, as well as United States v. Eichman in 1990. These often unpopular expressions tend to catch our attention and teach us something about ourselves. To censor and silence someone asking to be heard, especially when it is within the confines of the law, is to take away the rights of an American. Just as many Americans have the right to be heard when they shout out how much they love their country, others have the right to bring forward grievances and ask for them to be taken seriously.

The Patriotic Double Standard: Hero or Traitor?

When it comes to using one’s First Amendment rights for the betterment of the country, there has often been a double standard in America. Historically, minorities have been discouraged from assembling to protest for their rights and from speaking freely among their white counterparts. To ignore this history is to overlook what has caused many issues that still exist just below the surface for minorities in this country. It changes the conversation by often influencing America's way of thinking subconsciously and determines the guidelines as to what constitutes a “hero” or a “traitor” when one dares to speak out about injustice in America. Under the ruling of the Dred Scott v. John F.A. Sanford in 1857, African-Americans could not be considered citizens of the United States, and therefore did not have rights guaranteed under the constitution. African Americans who spoke out did not have to be listened to and could be punished. They were not seen as “heroes” during slave rebellions, but those who turned their backs on their masters. Thomas Culpeper deemed runaway slaves “renegades”, showing that those in power often use these words to demonize, and therefore ignore, those without power who dared to protest against them. After slavery was abolished, Jim Crow laws were enacted and civil rights leaders sprung up to speak out against the injustices against the African-American community. These icons, as well as the protests they held, were often looked down on by the white community as they were believed to be disturbing the peace. When Muhammad Ali opposed the draft during the Vietnam War due to his belief that his enemy as an African-American man was not the Vietnamese, but the United States government due to their treatment of people of color, he was written off as a radical. When one deems another as a troublemaker, and places them into a category of someone who doesn’t have patriotic values, it is easy to dismiss their claims. Violence and fear were used to keep African Americans from using their constitutional rights. When the Japanese bombed Pearl Harbor, the government and the American public deemed all those who appeared Japanese to be traitorous spies, therefore it was easy to take their rights away. Those within the Latinx community are often deemed “illegal” by many in America, even when they are legal citizens of the United States. Donald Trump recently stated that an American judge who is of Mexican heritage held allegiance to Mexico, and therefore could not perform his duties. When Tomi Lahren spoke out against Kaepernick, she questioned whether or not he should be an American citizen due to his protest. This title of traitor makes it convenient for a majority to ignore the minority, because they have been deemed a group who cannot love their country and therefore cannot be trusted.

When those within the majority, often white men, use their First Amendment right to stage protests however, they are often deemed “patriots", which is a heroic and positive term in the American psyche. When the Bundy brothers illegally staged an armed takeover a federal building in Oregon, they were called a patriot militia group due to their belief in the Constitution. In fact, anti-government patriot groups are on the rise throughout the United States, and yet they bear the title of “patriot”. This term shows there is a discrepancy when different races use their First Amendment rights to complain about the state of their country. When Confederate groups cried out for the use of the Confederate flag, these groups claimed they want to remember American History unlike terrorist groups like ISIS, who destroy their country's history. Even though this is the flag of those who betrayed the United States during the Civil War, these groups are often call themselves patriotic and present themselves as the opposite of a known anti-American terrorist group, creating another image of heroism in the American psyche. Republican Nominee Donald Trump has asked for people to hit those with opposing views at his rallies and has suggested that his political opponent be shot by his followers, yet many believe that he will in fact “Make America Great Again”, proving that many believe him using his First Amendment right to destroy political correctness is a heroic move. In fact, Tomi Lahren has shown support for the presidential candidate's vocalness, even though he has made comments against the ability of soldiers and prisoners of war. This is quite hypocritical, as Colin Kaepernick has been accused of being disrespectful towards soldiers by the very same woman. This shows there is a large discrepancy in how many view patriotism and the use of the First Amendment in this country, and unfortunately it has a lot to do with the subconscious racial biases that remain from the racial hierarchies developed long ago.

Although many wish to ignore Kaepernick’s protest and continue to deem his actions as unAmerican, it cannot be ignored that the United States of America was built on dissent. Being able to speak out is the most American thing of all. This country was built on the idea that the people would have a voice in their government and a hand in the creation of their laws. This promise can be found at the top of the preamble to the Constitution in the words “We The People…” and in the Declaration of Independence when it states "--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed..." The promise of equality can also be found in the words of the Declaration of Independence, that “...all men are created equal, and are endowed by their creator with certain unalienable rights, that among these are Life, Liberty, and the Pursuit of Happiness.” If someone finds their happiness in not standing for the anthem, but protesting for the civil rights of others, it is their right to do so. Our rights can be found at the end of the Pledge of Allegiance, with the words “....with liberty and justice for all”. Our pledges and anthems mean very little if we do not make every effort to reaffirm the Constitutional and human rights of every American, regardless of color, gender or religion. They will simply be acts; they will hold no honor. We must be sure that even if we disagree with someone’s expression of protest, we must stand by their right to do so. Even if these promises were not given freely to every American when they were made, we must apply them to everyone now. We must listen. We must move forward, while never forgetting our history. We must be better than before. The First Amendment must apply to everyone, or everything we stand for means nothing at all. Be responsible with this right, critically think, but by all means Americans should be encouraged to use it. We must discuss the issues that plague so many Americans and allow for open, constructive discussions. So even if one disagree with Colin Kaepernick sitting, everyone should stand with his right to do so.


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This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
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