Written by Robby Ackles, Co-Editor-in-Chief
On August 26th, 2016, a soloist performed the Star Spangled Banner before a preseason NFL game at Qualcomm Stadium in San Diego. The crowd stood with their hands over their hearts, absorbing the melody of the national anthem. On the field, a man wearing pads and a football uniform took a knee as the American flag was rolled out on the field in front of him. A battle between two teams on the gridiron ensued, but it was not the final score that spectators were talking about after the game. A seemingly calm display of nonconformity by San Francisco 49ers quarterback Colin Kaepernick caused utter chaos in the media and a sense of division between tradition and activism. Never before had the flag of fifty stars and thirteen stripes become such a hot topic, yet the Niners quarterback had fueled a national debate over the American banner. While I may have my own opinions on whether Kaepernick and other professional athletes should kneel during the national anthem, this controversy is truly focused on whether Kaepernick and other NFL players can justifiably kneel in a respectful manner. To objectively answer the question of whether kneeling is warranted under current American standards, one must review the data and political occurrences that have influenced the action of kneeling. Whether or not the protests by NFL players can be considered “disrespectful” can be determined by three criteria: motivation, intention, and legality.
With so much controversy surrounding the quarterback's unorthodox act last summer, little attention was paid to the true reason why he took a knee in the first place: police brutality. The list of high-profile African-American victims killed as a result of police brutality could go on for days, with names like Eric Garner, Michael Brown, Tamir Rice, and Philando Castile having plastered national headlines for their respective cases over the past few years. To refute the claim that police brutality becomes a debate of “Black Lives Matter” vs. “Blue Lives Matter”, it is important to note that the mention of these cases is not intended to convey that all police officers are ill-intentioned. However, the black community has consistently been treated unfairly in the criminal justice system. According to data from The Washington Post as cited by the Chicago Tribune, “black Americans are 2.5 times as likely as white Americans to be shot and killed by police officers” (4). This may stem from the fact that “black men are more than six times more likely to be incarcerated than white men” (5). The data from The Post could also be rooted in a psychological study by New York University professor Adam Alter, which revealed that people perceived “someone with darker skin as more likely to have committed an immoral act” than those with lighter skin (6). Either way, it cannot be quantitatively argued that African-Americans have benefited from the criminal justice system – specifically in terms of police brutality – more than their white counterparts. Based on existing evidence, it is clear as to why Kaepernick felt the need to make a public statement on police brutality.
The next section of the NFL players’ case that should be analyzed is their intended message of kneeling during the national anthem. As described by 49ers strong safety Eric Reid in his op-ed in The New York Times, he and Kaepernick convened to devise a way that they could approach their desired social justice movement in a powerful and meaningful manner. After much consideration, the duo decided that they would “kneel, rather than sit, the next day during the anthem as a peaceful protest.” They chose to kneel because it was “a respectful gesture.” Eric Reid remembered thinking their posture “was like a flag flown at half-mast to mark a tragedy” (1). This revelation from Reid is crucial to our understanding of their original intentions behind kneeling. The fact that he and Kaepernick considered their country before acting deliberately is a commendable choice, and contradicts the scrutiny that the two athletes have faced for their apparent lack of respect for the United States. Whether their argument behind kneeling may differ from the interpretations of others, the 49ers’ delicate approach to protesting should be recognized.
When considering the recent developments in professional football, Kaepernick and Reid may have kneeled for reasons independent of the intentions of their peers in the NFL. After Donald Trump declared at a political rally in September that he would love to see NFL owners say, “get that son of a bitch off the field right now….he’s fired!” to their players who choose to protest, various members of the NFL took action against Trump’s words by kneeling (7). One player who used Trump’s words to fuel his action was Kansas City Chiefs quarterback Alex Smith. In an interview with ESPN staff writer Adam Teicher, Smith said, “I find [Trump’s statement] very alarming... This is the same guy who couldn’t condemn violent neo-Nazis but he’s condemning guys that are taking a knee during the national anthem.” Other players who had similar reasons as Smith included Miami Dolphins safety Michael Thomas, Washington Redskins cornerback Josh Norman, and Seattle Seahawks cornerback Richard Sherman, among others (8). In this respect, the meaning behind players taking a knee has transformed since Kaepernick’s original protest last year.
In addition to the varying intentions behind kneeling, there have been arguments against the NFL protesters on the basis of respect, with members of the general public making claims that kneeling might possibly violate the Constitution or that it could directly oppose American law. However, when viewing current policy surrounding flag etiquette, the professional athletes in question do technically have the right to kneel during the national anthem. As stated in a report from the Congressional Research Service, “the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups” (2). An accompanying document from the U.S. Department of Veterans Affairs encourages Americans to “stand at attention facing the flag,” but also mentions that “the federal code contains no penalties for [mistreating] the flag” (3). Given all of this information, there are no mandates in place for American citizens to stand during the national anthem. In the aforementioned report by the CRS, “The Flag Code itself, however, suggests a general rule by which practices involving the flag may be fairly tested: ‘No disrespect should be shown to the flag of the United States of America.’ Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown’” (2). Based on the interviews and statements that have been gathered from numerous NFL protesters, it can be argued that they are indeed showing respect for the flag solely on the basis of their intentions rather than public perception.
It would be not be unreasonable to argue that the reception of the protests should be taken into account when evaluating whether or not the NFL players’ actions can be considered disrespectful, but there are simply too many interpretations on the matter to make a blanket statement about respect. All Americans are entitled to their own opinions on whether athletes are disrespecting their country by taking a knee, just as all athletes are entitled to protest on the field under current federal law. Because the United States Flag Code indicates that norms around the national anthem should be seen as voluntary rather than mandatory, it is objectively unfair to criticize a group of professional football players for exercising their rights as U.S. citizens. Therefore, Colin Kaepernick and others who have taken a stand for political and social reform by kneeling are justified in their actions.
Works Cited
On August 26th, 2016, a soloist performed the Star Spangled Banner before a preseason NFL game at Qualcomm Stadium in San Diego. The crowd stood with their hands over their hearts, absorbing the melody of the national anthem. On the field, a man wearing pads and a football uniform took a knee as the American flag was rolled out on the field in front of him. A battle between two teams on the gridiron ensued, but it was not the final score that spectators were talking about after the game. A seemingly calm display of nonconformity by San Francisco 49ers quarterback Colin Kaepernick caused utter chaos in the media and a sense of division between tradition and activism. Never before had the flag of fifty stars and thirteen stripes become such a hot topic, yet the Niners quarterback had fueled a national debate over the American banner. While I may have my own opinions on whether Kaepernick and other professional athletes should kneel during the national anthem, this controversy is truly focused on whether Kaepernick and other NFL players can justifiably kneel in a respectful manner. To objectively answer the question of whether kneeling is warranted under current American standards, one must review the data and political occurrences that have influenced the action of kneeling. Whether or not the protests by NFL players can be considered “disrespectful” can be determined by three criteria: motivation, intention, and legality.
With so much controversy surrounding the quarterback's unorthodox act last summer, little attention was paid to the true reason why he took a knee in the first place: police brutality. The list of high-profile African-American victims killed as a result of police brutality could go on for days, with names like Eric Garner, Michael Brown, Tamir Rice, and Philando Castile having plastered national headlines for their respective cases over the past few years. To refute the claim that police brutality becomes a debate of “Black Lives Matter” vs. “Blue Lives Matter”, it is important to note that the mention of these cases is not intended to convey that all police officers are ill-intentioned. However, the black community has consistently been treated unfairly in the criminal justice system. According to data from The Washington Post as cited by the Chicago Tribune, “black Americans are 2.5 times as likely as white Americans to be shot and killed by police officers” (4). This may stem from the fact that “black men are more than six times more likely to be incarcerated than white men” (5). The data from The Post could also be rooted in a psychological study by New York University professor Adam Alter, which revealed that people perceived “someone with darker skin as more likely to have committed an immoral act” than those with lighter skin (6). Either way, it cannot be quantitatively argued that African-Americans have benefited from the criminal justice system – specifically in terms of police brutality – more than their white counterparts. Based on existing evidence, it is clear as to why Kaepernick felt the need to make a public statement on police brutality.
The next section of the NFL players’ case that should be analyzed is their intended message of kneeling during the national anthem. As described by 49ers strong safety Eric Reid in his op-ed in The New York Times, he and Kaepernick convened to devise a way that they could approach their desired social justice movement in a powerful and meaningful manner. After much consideration, the duo decided that they would “kneel, rather than sit, the next day during the anthem as a peaceful protest.” They chose to kneel because it was “a respectful gesture.” Eric Reid remembered thinking their posture “was like a flag flown at half-mast to mark a tragedy” (1). This revelation from Reid is crucial to our understanding of their original intentions behind kneeling. The fact that he and Kaepernick considered their country before acting deliberately is a commendable choice, and contradicts the scrutiny that the two athletes have faced for their apparent lack of respect for the United States. Whether their argument behind kneeling may differ from the interpretations of others, the 49ers’ delicate approach to protesting should be recognized.
When considering the recent developments in professional football, Kaepernick and Reid may have kneeled for reasons independent of the intentions of their peers in the NFL. After Donald Trump declared at a political rally in September that he would love to see NFL owners say, “get that son of a bitch off the field right now….he’s fired!” to their players who choose to protest, various members of the NFL took action against Trump’s words by kneeling (7). One player who used Trump’s words to fuel his action was Kansas City Chiefs quarterback Alex Smith. In an interview with ESPN staff writer Adam Teicher, Smith said, “I find [Trump’s statement] very alarming... This is the same guy who couldn’t condemn violent neo-Nazis but he’s condemning guys that are taking a knee during the national anthem.” Other players who had similar reasons as Smith included Miami Dolphins safety Michael Thomas, Washington Redskins cornerback Josh Norman, and Seattle Seahawks cornerback Richard Sherman, among others (8). In this respect, the meaning behind players taking a knee has transformed since Kaepernick’s original protest last year.
In addition to the varying intentions behind kneeling, there have been arguments against the NFL protesters on the basis of respect, with members of the general public making claims that kneeling might possibly violate the Constitution or that it could directly oppose American law. However, when viewing current policy surrounding flag etiquette, the professional athletes in question do technically have the right to kneel during the national anthem. As stated in a report from the Congressional Research Service, “the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups” (2). An accompanying document from the U.S. Department of Veterans Affairs encourages Americans to “stand at attention facing the flag,” but also mentions that “the federal code contains no penalties for [mistreating] the flag” (3). Given all of this information, there are no mandates in place for American citizens to stand during the national anthem. In the aforementioned report by the CRS, “The Flag Code itself, however, suggests a general rule by which practices involving the flag may be fairly tested: ‘No disrespect should be shown to the flag of the United States of America.’ Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown’” (2). Based on the interviews and statements that have been gathered from numerous NFL protesters, it can be argued that they are indeed showing respect for the flag solely on the basis of their intentions rather than public perception.
It would be not be unreasonable to argue that the reception of the protests should be taken into account when evaluating whether or not the NFL players’ actions can be considered disrespectful, but there are simply too many interpretations on the matter to make a blanket statement about respect. All Americans are entitled to their own opinions on whether athletes are disrespecting their country by taking a knee, just as all athletes are entitled to protest on the field under current federal law. Because the United States Flag Code indicates that norms around the national anthem should be seen as voluntary rather than mandatory, it is objectively unfair to criticize a group of professional football players for exercising their rights as U.S. citizens. Therefore, Colin Kaepernick and others who have taken a stand for political and social reform by kneeling are justified in their actions.
Works Cited
- Reid, Eric. “Eric Reid: Why Colin Kaepernick and I Decided to Take a Knee.” The New York Times, The New York Times, 25 Sept. 2017, www.nytimes.com/2017/09/25/opinion/colin-kaepernick-football-protests.html.
- Luckey, John R. The United States Flag: Federal Law Relating to Display and Associated Questions. Congressional Research Service, 2008, pp. 1–17, The United States Flag: Federal Law Relating to Display and Associated Questions.
- Guidelines for Display of the Flag. U.S. Department of Veterans Affairs, pp. 1–3, Guidelines for Display of the Flag.
- Lowery, Wesley. “More Whites Killed by Police, but Blacks 2.5 Times More Likely to Be Killed.” Chicagotribune.com, Chicago Tribune, 12 July 2016, www.chicagotribune.com/news/nationworld/ct-police-shootings-race-20160711-story.html.
- Drake, Bruce. “Incarceration Gap Widens between Whites and Blacks.” Pew Research Center, Pew Research Center, 5 Sept. 2013, www.pewresearch.org/fact-tank/2013/09/06/incarceration-gap-between-whites-and-blacks-widens/.
- Grewal, Daisy. “The ‘Bad Is Black’ Effect.” Scientific American, Scientific America, A Division of Nature America, Inc., 17 Jan. 2017, www.scientificamerican.com/article/the-bad-is-black-effect/.
- Moraes, Lisa de. “Donald Trump Twitter-Trashes NFL Over Sunday National Anthem Kneeling.” Deadline, Deadline, 25 Sept. 2017, deadline.com/2017/09/donald-trump-nfl-twitter-national-anthem-kneeling-war-1202176192/.
- “In Their Own Words: NFL Players Explain Why They Protested.” USA Today, Gannett Satellite Information Network, 25 Sept. 2017, ftw.usatoday.com/2017/09/nfl-players-explain-why-they-protested.