Know Your Rights During the National Anthem Protest
Take a Knee protests during professional sports games including the NFL and MLB have made headlines in recent weeks. While US citizens are entitled to peaceful protest, the protests have generated some backlash against those involved . Even some students across the country get involved and are punished by the school authorities:
But can schools punish students for protests? Can professional athletes be fired for breaking their knee? What about us staffers who want to protest? I reached out to the American Civil Liberties Union to find out what they think about this, and Brian House, ACLU’s Speech, Privacy and Technology Attorney, shared the details with me. First of all, House explains that the government has no authority to force anyone to participate in such patriotic rituals :
Nearly 75 years ago, the Supreme Court ruled in West Virginia Board of Education v. Barnett that students should not be forced to swear an oath of allegiance. As you know, the Court has stated: “If there is any fixed beginning in our constitutional constellation, it is that no official, high or small, can prescribe what should be orthodox in politics, nationalism, religion or other matters of opinion , or forcing citizens to confess. word or act according to your faith. ” These words still ring true and are applied with equal force when students want to peacefully protest against racial injustice and police brutality by refusing to play the national anthem on the playing field. ”
Hauss goes on to say that schools should respect their students’ principled stand for freedom and equality, not punish them. So that’s what. Students are legally allowed to kneel down or make any peaceful protest they like. You can find out more about your freedom of expression rights here . Hauss also encourages all students or their families to contact their local ACLU branch if they are punished. If you don’t want to go to them, House recommends that you at least consult your own lawyer, although of course this is probably a more expensive proposition.
As for employees like NFL players who knelt on the clock? This is where things get a little more complicated, according to Rob Wilson , an expert on employment trends and president of Employco USA:
“The question is not whether you agree with the reason the players are protesting, but whether employees have a legal right to free speech. Should an employee be allowed to publicly express their political beliefs no matter what? Or are employers allowed to determine what behavior is considered appropriate? “
In an email, Wilson suggested that NFL team owners could have a termination deal with players if they can prove their behavior hurts their bottom line:
“If employers believe that the protests of the players affect their business, they have the right to kick the player off the field. In fact, the contracts that players sign give owners enough leeway to fire them for any behavior they deem unacceptable, both on and off the pitch. ”
In fact, the First Amendment may not always protect you if you have signed some kind of contract that promises to behave in accordance with your employer’s values. Wilson says that maybe your expression of free speech could haunt you again, whether it’s a Facebook post, a company email manifesto , a political discussion you have on company premises, or some kind of peaceful protest in which you participate. especially if you do it during business hours. You have the right to peacefully challenge the anthem in accordance with the law, but this does not mean that you are not violating company rules.
However, just because you’re not always protected doesn’t mean you should hold back if you believe in what you’re doing, House says:
“While it is true that the First Amendment does not apply to private organizations, including the NFL, we do not want to live in peace, private employers regularly use their enormous economic leverage to silence employees participating in peaceful protests. Employers should not determine what is acceptable for public comment and what is not. And we must protest against employers who submit to government pressure to fire employees who oppose racial injustice. ”
It is important to be aware of the legal rights guaranteed to you, but also to be aware of other possible consequences. Your right to protest on paper can be very different from what you have in practice, especially in certain circumstances.