08-31-2016, 05:27 PM
(08-31-2016, 05:14 PM)ShowMeUrTDs Wrote: As an attorney, you should know infringement on First Amendment Constitutional rights is only forbidden against government actors, legislation, or rulings and not private entities.
Second, the players signed a contract in the form of a collective bargaining agreement in which they agreed to let the NFL and their respective teams punish them for "conduct detrimental" which is a subjective standard. So, if they believe Kaepernick violated this agreed upon rule, then yes, they have the absolute power to exercise their contractual right. The question is will they? It doesn't look like they will, and it would be bad publicity.
This is just further evidence that:
A. You are not an attorney; or
B. A shitty one!
Because you have limited understanding of the law, both contracts and Constitutional law!
Nowhere does it say that he must stand. Good luck proving that by simply sitting down, by causing no disturbance at all, that you are taking part in conduct detrimental to the league. And as far as any interviews he has given, he is simply exercising his right to free speech. They could try to punish him, but I am certain it would end up before a judge.
For everyone saying that he should try to make a difference, are you certain that you know what community activities he takes part it? There was a segment on NFL Network a couple nights ago where both Jim Brown and a USC professor praised him for the amount of research he has done on this subject. He is not denigrating the military or veterans (neither the American Flag, nor the Star Spangled Banner are symbols of the military). He is not saying that he hates America or wants to leave. He has not asked that he be immune from backlash (in fact, he has said that he is not concerned if hurts him monetarily). He is choosing not to stand for a song that if you look at all three verses actually celebrates the killing of black people.
I will end with this. A friend of mine was a decorated Army soldier. On this subject, he said that he never fought for a flag or a song, he fought for the rights and freedoms that this country gives. That not only does he not have a problem with Kaepernick, but that there were times different soldiers at his base in Iraq would purposely skip the raising of the flag and the Star Spangled Banner because they did not agree with certain things.
