Fourth & Inches: Marking the Line of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion)

Abstract

This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase of injury to the NFL, team owners, and the public interest. With anti-American sentiment growing and only 52% of Americans that are “extremely proud” of their country, it is time to start coming together and it is time to appropriately mark that line aforementioned. Professional football players should have a heightened threshold of professional responsibilities that coincide with their elevated status on the field when performing in uniform, and in their professional setting. Through exploring an athlete’s freedoms of speech and expression under the Constitution and the National Labor Relations Act while simultaneously navigating through the world of player contracts and working conditions under the NFL Collective Bargaining Agreement, this note will portray a potential solution to the growing issue at hand that when multiplied can devastate the mission of the NFL, and effectually change how our nation’s youth perceive this great country.