The Last Word
NFL Anthem Protests Are Not a First Amendment Issue

NFL Anthem Protests Are Not a First Amendment Issue

In the face of mounting criticism from much of its fan base, the NFL has chosen to hide behind a common misunderstanding of the First Amendment. ...
Steve Byas

Recent comments on CBS’ NFL Today program are illustrative of a common misunderstanding of the purpose of the Bill of Rights, particularly the First Amendment’s protection of free speech. Bill Cowher commented on the decision of the Pittsburgh Steelers to not participate in the National Anthem: “Whether you’re kneeling and whether you are standing it’s an individual right.”

Former Dallas Cowboys receiver Michael Irvin added that President Donald Trump was denouncing players who were just “exercising their First Amendment right.”

It is true that freedom of speech is protected in the First Amendment, but that protection is from the government. The First Amendment states clearly that Congress shall make no law abridging the freedom of speech. Most of the reactions to Trump’s remarks (that owners should fire players who refuse to participate in the Anthem) miss the point that an owner of an NFL team would be perfectly within his rights to remove a player from the field, and ultimately dismiss him from their team.

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