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kentuck

(115,401 posts)
Wed Oct 11, 2017, 09:34 AM Oct 2017

The NFL Commissioner is going to order the players to stand for the national anthem.

Do you think they should stand if it goes against their conscience? Do they give up their right to "free speech" when they are employed by the NFL?

Would the NFL owners have a case if it went to court? Could they be sued for infringing upon the constitutional rights of their players?

How would the courts rule in a case like this??

140 replies = new reply since forum marked as read
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The NFL Commissioner is going to order the players to stand for the national anthem. (Original Post) kentuck Oct 2017 OP
Does this apply to the spectators as well? Irish_Dem Oct 2017 #1
+1000 dchill Oct 2017 #87
The flag and anthem have become more important than the American people. Irish_Dem Oct 2017 #101
like this group bdamomma Oct 2017 #121
Maybe if ordered to stand, they can turn their backs instead? Pachamama Oct 2017 #2
I would stand on one leg to protest; i.e. a standing kneel aka Karate Kid crane position Not Ruth Oct 2017 #3
What are your "free speech" rights in your place of employment? jmg257 Oct 2017 #4
Amazed by people that don't understand what the 1st amendment really means. MichMan Oct 2017 #55
Saved me from posting that. pangaia Oct 2017 #132
If it isn't their contracts it a pile. DK504 Oct 2017 #69
I won't watch if they do. Give in to a bully, he will keep bullying you. Johonny Oct 2017 #5
So they stand and raise their fists as did the Mexico City Olympiads... hlthe2b Oct 2017 #6
The NFL Commissioner will find himself in court malaise Oct 2017 #7
Based on what? WillowTree Oct 2017 #9
Does it matter if the workplace was paid for by taxpayers? kentuck Oct 2017 #11
Nope. Doesnt matter. Calista241 Oct 2017 #20
Also being paid by their employers. WillowTree Oct 2017 #23
How much authority is given employers under our Constitution? kentuck Oct 2017 #26
The BOR MichMary Oct 2017 #35
The BOR does not apply to employers? kentuck Oct 2017 #39
What I'm saying is MichMary Oct 2017 #47
I would not consider "Hawaiian shirts" on the same level as "police brutality"... kentuck Oct 2017 #62
Freedom of Expression IS a basic right MichMary Oct 2017 #64
Can they order them to jump off a bridge? kentuck Oct 2017 #66
Another Question: Eyeball_Kid Oct 2017 #83
I would add, just for the sake of clarity....... WillowTree Oct 2017 #68
Unless, of course, they want to give them a drug test... kentuck Oct 2017 #71
Did you miss the part....... WillowTree Oct 2017 #111
People have been fired MichMary Oct 2017 #72
Did they post something....... WillowTree Oct 2017 #113
She worked for a bank MichMary Oct 2017 #116
Foolish on her part then. WillowTree Oct 2017 #118
Doesn't matter if it is on your own time or not MichMan Oct 2017 #74
In An "At-Will" State RobinA Oct 2017 #108
The Bill of Rights ClarendonDem Oct 2017 #36
Same thing I asked you on another thread. WillowTree Oct 2017 #38
There are consequences to our words and actions... kentuck Oct 2017 #44
If the employer MichMary Oct 2017 #50
That's a good question Major Nikon Oct 2017 #53
The first word of the 1st amendment provides your answer Major Nikon Oct 2017 #46
Well, they have a union. LisaM Oct 2017 #126
Unless the NFL's rules are deemed to violate their constituional rights. ElementaryPenguin Oct 2017 #134
Career Federal employee. Hangingon Oct 2017 #29
"Protests" seldom followed the rules that were "allowable"... kentuck Oct 2017 #33
The problem was losing your job. Hangingon Oct 2017 #45
Yes, you could lose your job. kentuck Oct 2017 #54
I was never asked to do anything illegal or unreasonable. Hangingon Oct 2017 #59
Try going off on a obscenity laced tirade at the judge in a court of law...... MichMan Oct 2017 #61
Not the same for government employees Major Nikon Oct 2017 #63
I think I would expect Hangingon Oct 2017 #92
Pissing off your employer isn't a great career move anywhere Major Nikon Oct 2017 #140
If everyone thought like you we would still have child labor and 12 hour work shifts amoung wasupaloopa Oct 2017 #17
Utter nonsense. WillowTree Oct 2017 #22
The labor movement was more than safety issues wasupaloopa Oct 2017 #30
The misunderstanding of the 1st Amendment here is mind boggling MichMan Oct 2017 #70
Apparently they do. WillowTree Oct 2017 #73
Those things ended because laws were passed, not because people took their employers to court Major Nikon Oct 2017 #28
I wasn't replying to the OP wasupaloopa Oct 2017 #32
You replied to someone who was even more specific Major Nikon Oct 2017 #41
NFL afraid of losing some easy money?? Bengus81 Oct 2017 #24
WHen did the anthem become part of the work of football players? malaise Oct 2017 #27
When they suited-up and walked on the field. WillowTree Oct 2017 #76
This message was self-deleted by its author LanternWaste Oct 2017 #91
Unions can protest bathroommonkey76 Oct 2017 #31
It all depends MichMary Oct 2017 #42
I don't think it is a new rule though. WillowTree Oct 2017 #77
From SI bathroommonkey76 Oct 2017 #80
"The NFL is not considering punishing......." WillowTree Oct 2017 #85
If anythings happens it will be after this season ends bathroommonkey76 Oct 2017 #89
What do you mean? The rule is already there. WillowTree Oct 2017 #90
It isn't a "rule". lol bathroommonkey76 Oct 2017 #99
Maybe, actually. Depends on their contracts Nevernose Oct 2017 #117
It's in the game operations manual that's distributed to all NFL teams. WillowTree Oct 2017 #119
But not distributed or agreed to by all players Nevernose Oct 2017 #123
If all parties agree to "stand" instead of "should stand" Watchfoxheadexplodes Oct 2017 #8
My guess is the Player''s Union will demand arbitration on the matter. LanternWaste Oct 2017 #10
Probably Major Nikon Oct 2017 #34
Disgusting. Paternal master has spoken. Ninga Oct 2017 #12
I Know That's What People Are Saying. . . ProfessorGAC Oct 2017 #13
Karate Kid crane position!!! Not Ruth Oct 2017 #19
Here is another link: kentuck Oct 2017 #25
Still Doesn't Say The Plan It To Order Them To Stand ProfessorGAC Oct 2017 #94
I don't think he is saying that explicitly but may be interpreted that way by owners and players? kentuck Oct 2017 #96
Probably So ProfessorGAC Oct 2017 #98
Sounds like a solution! kentuck Oct 2017 #100
This just feeds tRumps ego. Joe941 Oct 2017 #14
The players should go on strike. The owners are afraid of losing money. wasupaloopa Oct 2017 #15
The players cannot strike unless the union tells them to Not Ruth Oct 2017 #18
I agree, hit 'em in their wallets. That's all they really care about. Kleveland Oct 2017 #21
Haven't they been telling people what it's about? MichMary Oct 2017 #58
The NFL would LOVE for the players to go on strike. LOVE it. Calista241 Oct 2017 #137
Tell us again daddy about what is was like in the land of the free............ lunasun Oct 2017 #16
The National Anthem HAS NOTHING TO DO WITH PERFORMING THEIR JOBS !!!! Trust Buster Oct 2017 #37
Exactly Bettie Oct 2017 #52
It isn't about pledging allegiance to anything MichMary Oct 2017 #57
Nonsense, the National Anthem has nothing to do with the performance of their jobs. Trust Buster Oct 2017 #79
"God" isn't mentioned in the Star Spangled Banner MichMary Oct 2017 #82
Stupid. This won't end well. grossproffit Oct 2017 #40
Let each individual decide; player, coach, management, fans; as to whether democratisphere Oct 2017 #43
I'm OK with standing for the national anthem so long as... kentuck Oct 2017 #48
I totally agree with you on the "not required" or "making it mandatory". democratisphere Oct 2017 #67
They should all kneel SHRED Oct 2017 #49
They should bow. boston bean Oct 2017 #51
So now your employer can make you swear allegiance to Herr Trump doc03 Oct 2017 #56
I want the protest message to be much more in front of this bend the knee cry. .. FarPoint Oct 2017 #60
What do you believe the real message meant by bending the knee is this week? Not Ruth Oct 2017 #75
Police shooting unarmed black males.... FarPoint Oct 2017 #84
I think that that was the message last season, but it seems to have evolved to anti Trump Not Ruth Oct 2017 #105
No, he's not. Iggo Oct 2017 #65
Then we will raise our fists C_U_L8R Oct 2017 #78
And possibly lose your jobs. WillowTree Oct 2017 #81
I will never stand up for the national anthem again ..... stonecutter357 Oct 2017 #86
Goodell is a spineless unprincipled weasel. jcmaine72 Oct 2017 #88
Arms race HAB911 Oct 2017 #93
Exactly. Dave Starsky Oct 2017 #97
If the NFL fines/punushes players for unwillingness to do post-game interviews with media... JoeStuckInOH Oct 2017 #95
So the teams can bench players but they still have to pay them, right? Demit Oct 2017 #104
They could possibly fine players, too. JoeStuckInOH Oct 2017 #110
The easy solution is to not have the players take the field till after the anthem is finished. Demit Oct 2017 #114
The NFL and Team Owners do though... it's their event to make whatever they awant of it. JoeStuckInOH Oct 2017 #115
They can't claim they want the game to be nonpolitical then. Demit Oct 2017 #133
Agreed but they can also tell the players to be apolitical, at least while at the games. JoeStuckInOH Oct 2017 #135
On the plus side, this means that the protesting players won Orrex Oct 2017 #102
The great divider has done it again... PunksMom Oct 2017 #103
There was no problem until Cheeto decided to make it one. OldHippieChick Oct 2017 #107
There is a difference between "should" and "shall" The_Casual_Observer Oct 2017 #106
Fuck the NFL. And sadly the NBA. maveric Oct 2017 #109
Is the Commissioner also going to regulate the players' facial expressions? WinkyDink Oct 2017 #112
California is burning. Texas and Puerto Rico are drowning. But what's our national priority? Initech Oct 2017 #120
exactly bdamomma Oct 2017 #122
He's tweetd 15 times about fake news and Roger Gooddell. ZERO about California. Initech Oct 2017 #125
California bdamomma Oct 2017 #128
I don't know. Initech Oct 2017 #129
Russia elected???? bdamomma Oct 2017 #131
He's not ordering anything leftynyc Oct 2017 #124
just another trump lie dembotoz Oct 2017 #136
We can't take ANYTHING leftynyc Oct 2017 #138
Truth dembotoz Oct 2017 #139
Might as well order me to never watch another game. Eliot Rosewater Oct 2017 #127
I always hated Football/Wrestling/Martial Arts (the "ruffians") Dawson Leery Oct 2017 #130

Irish_Dem

(81,202 posts)
1. Does this apply to the spectators as well?
Wed Oct 11, 2017, 09:37 AM
Oct 2017

I'm to the point I will be damned if I am ever going to stand up for the national anthem again.
And I grew up in a military family where it was standard to do so.

Irish_Dem

(81,202 posts)
101. The flag and anthem have become more important than the American people.
Wed Oct 11, 2017, 11:46 AM
Oct 2017

A piece of cloth and music.

bdamomma

(69,532 posts)
121. like this group
Wed Oct 11, 2017, 02:02 PM
Oct 2017

even cares, they are symbols (flag and anthem), not breathing humans. This whole thing is ridiculous leave those football players alone. Another stupid diversion.

Pachamama

(17,563 posts)
2. Maybe if ordered to stand, they can turn their backs instead?
Wed Oct 11, 2017, 09:39 AM
Oct 2017

Thats what I would do....and I know that when I go on Oct 22nd to the 49ers vs. Cowboys, I plan to kneel during the anthem....

But I think that this is a violation of the players constitutional rights. And if the NFL owners and commissioner want to take this position - then I could see this actually causing people to start really boycotting the NFL and to start opposing any tax funded stadiums....

 

Not Ruth

(3,613 posts)
3. I would stand on one leg to protest; i.e. a standing kneel aka Karate Kid crane position
Wed Oct 11, 2017, 09:40 AM
Oct 2017

jmg257

(11,996 posts)
4. What are your "free speech" rights in your place of employment?
Wed Oct 11, 2017, 09:40 AM
Oct 2017

Can you say/express anything you want, without repercussions, because of the 1st?

Can you carry a gun into your place of employment, despite company policy, because of the 2nd?

Don't get a job for ESPN.

MichMan

(17,138 posts)
55. Amazed by people that don't understand what the 1st amendment really means.
Wed Oct 11, 2017, 10:24 AM
Oct 2017

What! You mean I can't scream vulgarities at my boss and still keep my job?

Can players in the NFL curse out referees without being penalized or thrown out of the game? What about the cursing the coach on the sidelines?

Why not? ; I thought we had freedom of speech ?

DK504

(3,847 posts)
69. If it isn't their contracts it a pile.
Wed Oct 11, 2017, 10:38 AM
Oct 2017

If he tries to put it in contracts he will have an all out strike. Good luck with that Roger.

Johonny

(26,159 posts)
5. I won't watch if they do. Give in to a bully, he will keep bullying you.
Wed Oct 11, 2017, 09:40 AM
Oct 2017

The NFL flinched, and I won't support them for giving into a bogus complaint and basically painting young men concerned about their country as unpatriotic. It's disgusting.

hlthe2b

(113,916 posts)
6. So they stand and raise their fists as did the Mexico City Olympiads...
Wed Oct 11, 2017, 09:42 AM
Oct 2017
?quality=85&w=656


I hope there are some owners that fight against this decision, regardless. Not only because they are bowing to Trump's manipulation/propaganda, but they are propagating false understanding of both protest and what our military fights for.

WillowTree

(5,350 posts)
9. Based on what?
Wed Oct 11, 2017, 09:48 AM
Oct 2017

Are you under the misguided assumption that the First Amendment guarantees you the right to stage your political and/or social justice protests in your workplace?

Calista241

(5,633 posts)
20. Nope. Doesnt matter.
Wed Oct 11, 2017, 09:56 AM
Oct 2017

They’re wearing uniforms and representing their employer.

The first amendment guarantees them that the government can’t regulate their speech. But tif they want to keep playing football, they’re going to have to follow the NFL’s rules.

kentuck

(115,401 posts)
26. How much authority is given employers under our Constitution?
Wed Oct 11, 2017, 10:01 AM
Oct 2017

It seems that the Constitution does not apply to "employers"??

MichMary

(1,714 posts)
35. The BOR
Wed Oct 11, 2017, 10:08 AM
Oct 2017

limits the powers of the government over the individual.

Workplace rules are pretty much whatever the boss says they are. If you work for McDonald's and you don't want to wear the uniform, do you think they tell you, "That's all right. Wear whatever you want." Of course not; you want the job, you do what they tell you to do, or you can go work somewhere else.

Yes, NFL teams can tell their players that they must stand or be benched, because it is their business, their workplace, their rules. And, if they don't like it, they can get another job.

kentuck

(115,401 posts)
39. The BOR does not apply to employers?
Wed Oct 11, 2017, 10:12 AM
Oct 2017

They are exempt from constitutional requirements?

I do understand that is the way it has been forever.

MichMary

(1,714 posts)
47. What I'm saying is
Wed Oct 11, 2017, 10:20 AM
Oct 2017

that the Bill of Rights is about what THE GOVERNMENT can't make a person do. The NFL is not the government. The NFL, or more appropriately, the teams, are employers, and an employer can pretty much require an employee to do whatever the employer wants.

What if a player decides that he doesn't like the uniform and helmet, and chooses to wear Hawaiian shirts and ski masks on the field, based on his freedom of expression? Think the team would have something to say about that?

kentuck

(115,401 posts)
62. I would not consider "Hawaiian shirts" on the same level as "police brutality"...
Wed Oct 11, 2017, 10:31 AM
Oct 2017

There are certain agreements between employers and employees that are agreed upon and would be cause for dismissal if violated. However, I am not sure that basic individual rights are included amongst those you mention above?

MichMary

(1,714 posts)
64. Freedom of Expression IS a basic right
Wed Oct 11, 2017, 10:33 AM
Oct 2017

The protests are for a valid cause, but it doesn't change the fact that employers can tell an employee what to do.

kentuck

(115,401 posts)
66. Can they order them to jump off a bridge?
Wed Oct 11, 2017, 10:36 AM
Oct 2017

Of course not. There is a line that both sides must adhere to. Are they crossing that line, is the question?

Eyeball_Kid

(7,604 posts)
83. Another Question:
Wed Oct 11, 2017, 11:11 AM
Oct 2017

Does the contract between an owner and a player extend to 24/7, or does the player have BOR protections when he is not in uniform? Owners can fire a player for activity off the field under the presumption that actions off the field are still within the purview of the contract. The boundaries are indeed murky.

Were I a club owner, I'd want to back off any litigation in this matter, let the players have their freedom of expression on the sidelines before the whistle blows, and know that my jurisdiction on player behavior outside the games and practices won't be scrutinized or challenged. It's too risky.

WillowTree

(5,350 posts)
68. I would add, just for the sake of clarity.......
Wed Oct 11, 2017, 10:37 AM
Oct 2017

".......employers can tell an employee what to do while on the job"

What they do on their own time is none of the employer's business unless, of course, it involves something illegal or that will reflect badly on the business.

WillowTree

(5,350 posts)
111. Did you miss the part.......
Wed Oct 11, 2017, 01:22 PM
Oct 2017

.......where I said that illegal behavior would be an exception?

MichMary

(1,714 posts)
72. People have been fired
Wed Oct 11, 2017, 10:45 AM
Oct 2017

for things they have posted on their FB pages, on their own time. Happened to someone I know.

WillowTree

(5,350 posts)
113. Did they post something.......
Wed Oct 11, 2017, 01:25 PM
Oct 2017

.......derogatory about their job or employer or some kind of protected information? Surely it wasn't because of a post with a video of baby goats frolicking in a field................

MichMary

(1,714 posts)
116. She worked for a bank
Wed Oct 11, 2017, 01:39 PM
Oct 2017

and posted some kind of comment about a business that someone opened that would compete with the business of a friend of hers. Unfortunately, the new business was a customer of the bank she worked at.

WillowTree

(5,350 posts)
118. Foolish on her part then.
Wed Oct 11, 2017, 01:46 PM
Oct 2017

Not saying it was or wasn't justified, but the bank apparently felt that it could impact their business.

MichMan

(17,138 posts)
74. Doesn't matter if it is on your own time or not
Wed Oct 11, 2017, 10:48 AM
Oct 2017

Do those saying all speech is protected under the 1st really think it means you can stand outside your bosses house on a Sunday morning and scream obscenities at his family, and you can't be fired on Monday?

RobinA

(10,478 posts)
108. In An "At-Will" State
Wed Oct 11, 2017, 12:59 PM
Oct 2017

an employer can fire an uncontracted employee for any reason except for those specifically enumerated, such as race, age, etc. New boss doesn't like your name and said name doesn't indicate race or such? See ya! However, I would expect that the NFL contract somehow addresses letting players go, although maybe not considering some of the weird lettings go you see.

 

ClarendonDem

(720 posts)
36. The Bill of Rights
Wed Oct 11, 2017, 10:10 AM
Oct 2017

Only imposes limits of federal and state government action, not employer action.

WillowTree

(5,350 posts)
38. Same thing I asked you on another thread.
Wed Oct 11, 2017, 10:11 AM
Oct 2017

What makes you think that the First Amendment promises us that we will be able to express ourselves in any way we want anywhere we want any time we want? In truth, all it says is that Congress shall pass no law abridging our freedom of expression. It doesn't say that we can say or do whatever we want anywhere, any time. Try using a racial slur in my home and see how much protection 1A gives you against me throwing you out on your ear.

kentuck

(115,401 posts)
44. There are consequences to our words and actions...
Wed Oct 11, 2017, 10:17 AM
Oct 2017

I would agree.

If someone feels strongly enough about an issue, knowing that they could lose their job, or their lives, then that is something they have to weigh in their decisions.

But, I don't think I said they could say anything they want anytime they want? There are limits to all our freedoms.

The question would be: Is it inappropriate for an individual to protest "police violence" during the playing of the national anthem before a football game?

MichMary

(1,714 posts)
50. If the employer
Wed Oct 11, 2017, 10:22 AM
Oct 2017

thinks it's inappropriate, then it's inappropriate.

And the team owners may very well feel that way, if it's affecting their bottom line.

Major Nikon

(36,925 posts)
53. That's a good question
Wed Oct 11, 2017, 10:23 AM
Oct 2017

It's just that the answer can't be found in the 1st amendment. I think ultimately the NFL will get corrected on this issue in the court of public opinion if nowhere else. The almighty dollar will carry far more weight with them than the Constitution. While some people may not like what the players are doing, it's going to be a much smaller subset of people who think they should face sanctions for doing it.

ElementaryPenguin

(7,911 posts)
134. Unless the NFL's rules are deemed to violate their constituional rights.
Wed Oct 11, 2017, 03:56 PM
Oct 2017

At which time the courts may well throw those rules out. For example, an employer may author a rule that asks you to discriminate against people for age, race, etc., but fire that employee and the employer will find his rules are unenforceable - as this NFL rule will surely be. What next? Should the players have to actually sing and tap dance to the national anthem? Salute the Orange Fuhrer if he's in attendance?

Hangingon

(3,088 posts)
29. Career Federal employee.
Wed Oct 11, 2017, 10:05 AM
Oct 2017

I always worked in taxpayer provided work-space. I was never allowed to protest or the work space.

kentuck

(115,401 posts)
33. "Protests" seldom followed the rules that were "allowable"...
Wed Oct 11, 2017, 10:08 AM
Oct 2017

That is sometimes the root of the problem.

Hangingon

(3,088 posts)
45. The problem was losing your job.
Wed Oct 11, 2017, 10:18 AM
Oct 2017

I felt it was inappropriate for career civil servant to espouse causes on the job, I did not have to be told. Politicians spoke for the agency.

If you want to advocate, do it in your personal identity and do not include you employer or your position.

kentuck

(115,401 posts)
54. Yes, you could lose your job.
Wed Oct 11, 2017, 10:24 AM
Oct 2017

If you thought it unreasonable or illegal, then you would have legal recourse, I suppose?

Hangingon

(3,088 posts)
59. I was never asked to do anything illegal or unreasonable.
Wed Oct 11, 2017, 10:30 AM
Oct 2017

If given an illegal order, there was recourse in the agency and civil service.

MichMan

(17,138 posts)
61. Try going off on a obscenity laced tirade at the judge in a court of law......
Wed Oct 11, 2017, 10:30 AM
Oct 2017

and see how absolute Freedom of Speech is

Major Nikon

(36,925 posts)
63. Not the same for government employees
Wed Oct 11, 2017, 10:31 AM
Oct 2017

For government employees the first amendment does offer some protection against discipline. The government can only limit the free speech rights of employees to the extent that it directly affects the agency mission or the employee's duties.

Hangingon

(3,088 posts)
92. I think I would expect
Wed Oct 11, 2017, 11:23 AM
Oct 2017

promotions to be a problem. There is the unquantifiable "judgement" factor.

Major Nikon

(36,925 posts)
140. Pissing off your employer isn't a great career move anywhere
Thu Oct 12, 2017, 09:21 AM
Oct 2017

However, the federal government has merit promotion protection written into the Civil Service Reform Act. So they certainly can't consider non-merit issues without violating the law.

 

wasupaloopa

(4,516 posts)
17. If everyone thought like you we would still have child labor and 12 hour work shifts amoung
Wed Oct 11, 2017, 09:54 AM
Oct 2017

other things.

You need to learn the history of the labor movement so you won't be so misguided.

WillowTree

(5,350 posts)
22. Utter nonsense.
Wed Oct 11, 2017, 09:58 AM
Oct 2017

There's a world of difference between safety regulations and being allowed to pursue personal issues on "company" time.

So here's a suggestion: You go into your workplace and stage a protest about something having nothing whatsoever to do with your business or job responsibilities and see where that gets you.

 

wasupaloopa

(4,516 posts)
30. The labor movement was more than safety issues
Wed Oct 11, 2017, 10:07 AM
Oct 2017

People stand together to improve their lives.

MichMan

(17,138 posts)
70. The misunderstanding of the 1st Amendment here is mind boggling
Wed Oct 11, 2017, 10:38 AM
Oct 2017

Do those saying all speech is protected under the 1st really think it means you can stand outside your bosses house on a Sunday morning and scream obscenities at his family, and you can't be fired on Monday?

Major Nikon

(36,925 posts)
28. Those things ended because laws were passed, not because people took their employers to court
Wed Oct 11, 2017, 10:04 AM
Oct 2017

The OP asks if the players could sue based on the infringement of constitutional rights. The answer is almost certainly not successfully.

Bengus81

(10,158 posts)
24. NFL afraid of losing some easy money??
Wed Oct 11, 2017, 10:00 AM
Oct 2017

U.S. Citizens Paid $6.8 Million to Pro Sports Teams for Military Ads
The Department of Defense handed teams in the NFL, NBA, NHL, and MLB nearly $7 million in taxpayer money to do something they would have done for free.


https://sports.vice.com/en_us/article/nzx95m/us-citizens-paid-68-million-to-pro-sports-teams-for-military-ads

malaise

(295,998 posts)
27. WHen did the anthem become part of the work of football players?
Wed Oct 11, 2017, 10:03 AM
Oct 2017

It's all bullshit for political and racist reasons

WillowTree

(5,350 posts)
76. When they suited-up and walked on the field.
Wed Oct 11, 2017, 10:51 AM
Oct 2017

Last edited Wed Oct 11, 2017, 11:37 AM - Edit history (1)

Standing for the anthem is also in the NFL rule book from what I understand.

Edited for correction: It's in the game operations manual, not the rulebook. Apparently there's a difference.

Doesn't change the fact that it is a rule, and not a new one.

Response to WillowTree (Reply #76)

 

bathroommonkey76

(3,827 posts)
31. Unions can protest
Wed Oct 11, 2017, 10:07 AM
Oct 2017

Did you forget that the players are in a union?

New rules cannot be created while a contract is in place- The NFL will be taken to court if any of that slave plantation mentality is carried over into the rest of this season.

MichMary

(1,714 posts)
42. It all depends
Wed Oct 11, 2017, 10:16 AM
Oct 2017

Contract often contain language that is subject to interpretation, which leaves a little wiggle room for both parties to the contract. If the protests are seen to be affecting the bottom line of the team, which is a business, it could be grounds for termination.

For example, paragraph 2, covering employment and services, states that the player agrees to “conduct himself on and off the field with appropriate recognition of the fact that the success of professional football depends largely on public respect for and approval of those associated with the game.” Paragraph 11, on player “skill, performance and conduct” also could be the basis for termination. It states that a team can terminate a player’s contract if the player “has engaged in personal conduct reasonably judged by the Club to adversely affect or reflect on the Club.”


https://www.lexology.com/library/detail.aspx?g=408925a7-390b-4a0b-8016-cce90916f982

WillowTree

(5,350 posts)
77. I don't think it is a new rule though.
Wed Oct 11, 2017, 10:55 AM
Oct 2017

It's in the game operations manual that teams will stand on the sidelines for the playing of the national anthem.

 

bathroommonkey76

(3,827 posts)
80. From SI
Wed Oct 11, 2017, 11:09 AM
Oct 2017

The NFL rulebook makes no mention of the national anthem. But the game operations manual does.

Here’s what the game operations manual says regarding the national anthem, according to an NFL spokesperson:

"The National Anthem must be played prior to every NFL game, and all players must be on the sideline for the National Anthem. During the National Anthem, players on the field and bench area should stand at attention, face the flag, hold helmets in their left hand, and refrain from talking. The home team should ensure that the American flag is in good condition. It should be pointed out to players and coaches that we continue to be judged by the public in this area of respect for the flag and our country. Failure to be on the field by the start of the National Anthem may result in discipline, such as fines, suspensions, and/or the forfeiture of draft choice(s) for violations of the above, including first offenses."

It’s important to note the use of the word “may” here. The NFL is not considering punishing fines on players or teams who choose to kneel or stay in the locker room during the national anthem, the spokesperson says.


https://www.si.com/nfl/2017/09/25/does-nfl-require-players-stand-national-anthem


The NFL will have to revise this rule for it to stick - The NFLPA will also be a voice in those revisions- if they ever take place.

WillowTree

(5,350 posts)
85. "The NFL is not considering punishing......."
Wed Oct 11, 2017, 11:13 AM
Oct 2017

Maybe yes, maybe no. But the individual teams also "may" be considering taking disciplinary action. Time will tell.

 

bathroommonkey76

(3,827 posts)
89. If anythings happens it will be after this season ends
Wed Oct 11, 2017, 11:20 AM
Oct 2017

The NFL can't change the rules midway through a season without the NFLPA being involved.

 

bathroommonkey76

(3,827 posts)
99. It isn't a "rule". lol
Wed Oct 11, 2017, 11:40 AM
Oct 2017

What you are referencing comes from the “game operations manual”. Nowhere in the NFL rule-book does it state that player's have to stand for the national anthem.

See this:

NFL owners to consider rule requiring players to stand for national anthem


https://www.sbnation.com/2017/10/10/16453952/nfl-owners-national-anthem-rule


The NFL plans to change the RULES midseason like I was saying in my previous posts. lol wtf

Nevernose

(13,081 posts)
117. Maybe, actually. Depends on their contracts
Wed Oct 11, 2017, 01:44 PM
Oct 2017

They’re presumably being payed to play football, right?

Presumably capricious calls for meaningless displays of “patriotism” isn’t in their job description. Based on that assumption (and I’ve never read an NFL contract in my life), they might have grounds for a contract dispute.

Nevernose

(13,081 posts)
123. But not distributed or agreed to by all players
Wed Oct 11, 2017, 02:20 PM
Oct 2017

This is from a players association exhibit during the Tom Brady fiasco:

“The policy is not given to players, is not part of the annual Player Policies handed out to all players, and does not apply to them. This was undisputed by the NFL’s witnesses at the hearing.

At the very least, some high-priced contract lawyers could have this shit tied up in court for yours.

Patriotism or not: we’re all employees, not slaves. We’re all paid to do a specific job, not whatever political whim our employers want us to follow. That’s one of the many reasons I’m in a union.

Watchfoxheadexplodes

(3,542 posts)
8. If all parties agree to "stand" instead of "should stand"
Wed Oct 11, 2017, 09:45 AM
Oct 2017

In a rules/conduct change then the kneeling is over.

 

LanternWaste

(37,748 posts)
10. My guess is the Player''s Union will demand arbitration on the matter.
Wed Oct 11, 2017, 09:48 AM
Oct 2017

My guess is the Player''s Union will demand arbitration on the matter. Unless kneeling, bowing and kowtowing were already in their contracts, it seems little more than self-serving and commercial branding on the part of NFL corporate.

Major Nikon

(36,925 posts)
34. Probably
Wed Oct 11, 2017, 10:08 AM
Oct 2017

The problem is the NFL players contract is pretty weak compared to the NBA and especially MLB.

Ninga

(9,012 posts)
12. Disgusting. Paternal master has spoken.
Wed Oct 11, 2017, 09:50 AM
Oct 2017

I suggest all who are offended at protestors kneeling - try walking in their shoes.

ProfessorGAC

(76,676 posts)
13. I Know That's What People Are Saying. . .
Wed Oct 11, 2017, 09:50 AM
Oct 2017

. . .but that's not what Goddell's statement read. He wants the league as a whole to come up with a solution and not have owners differing on outcomes, or going rogue, like Jones did.

There was nothing in his statement that made it clear he intended to "order" anything.

ProfessorGAC

(76,676 posts)
94. Still Doesn't Say The Plan It To Order Them To Stand
Wed Oct 11, 2017, 11:26 AM
Oct 2017

Maybe you're right, but the statement from the NFL and this article don't say that explicitly.

kentuck

(115,401 posts)
96. I don't think he is saying that explicitly but may be interpreted that way by owners and players?
Wed Oct 11, 2017, 11:29 AM
Oct 2017

He is probably being ambiguous for a reason?

ProfessorGAC

(76,676 posts)
98. Probably So
Wed Oct 11, 2017, 11:38 AM
Oct 2017

It could mean that they come up with a plan where we go back to <2009 where the players aren't even on the field for the anthem.

Worked for the first 80 years. Why not go back to it?

 

wasupaloopa

(4,516 posts)
15. The players should go on strike. The owners are afraid of losing money.
Wed Oct 11, 2017, 09:51 AM
Oct 2017

I think the owners need to tell the fans that the protest is against police treatment of African Americans and racism and not against the flag or the anthem. That would put the protests in perspective and might even gain it more support.

I am sure there are many White fans that empathize with the Black struggle.

Kleveland

(1,257 posts)
21. I agree, hit 'em in their wallets. That's all they really care about.
Wed Oct 11, 2017, 09:58 AM
Oct 2017

To them, the US and its hard working citizens are just a big money tree, waiting to be picked.

Sound like someone else we know?

It is despicable that an insane fat clown can damage the viewing pleasure, and formerly relaxing pastime into a political circus.

Everything he touches turns to shit.



MichMary

(1,714 posts)
58. Haven't they been telling people what it's about?
Wed Oct 11, 2017, 10:29 AM
Oct 2017

It apparently isn't sinking in. There are probably many white fans who empathize, but there are many who probably don't. They brought Hank Williams, Jr. back, after all.

Calista241

(5,633 posts)
137. The NFL would LOVE for the players to go on strike. LOVE it.
Wed Oct 11, 2017, 04:27 PM
Oct 2017

Renegotiations of the collective bargaining agreement is something the owners want.

There's been talk of a lock out already, and they know the players will take less money than what they currently have.

 

Trust Buster

(7,299 posts)
37. The National Anthem HAS NOTHING TO DO WITH PERFORMING THEIR JOBS !!!!
Wed Oct 11, 2017, 10:11 AM
Oct 2017

No employer can compel an employee to pledge allegiance to a country, political system or religion. If the NFL suspends any of these players, the players can seek an injunction and easily win their cases on the merits IMO.

Bettie

(19,684 posts)
52. Exactly
Wed Oct 11, 2017, 10:23 AM
Oct 2017

they do their silent, non-disruptive protest and then go do their jobs.

It has nothing to do with their actual work, it has to do with posturing.

MichMary

(1,714 posts)
57. It isn't about pledging allegiance to anything
Wed Oct 11, 2017, 10:27 AM
Oct 2017

and, since we are talking about the conduct of employees in the workplace, then, yes, the team owners can expect them to abide by whatever rules they make, and their rules are going to be based on what they think their customers want.

 

Trust Buster

(7,299 posts)
79. Nonsense, the National Anthem has nothing to do with the performance of their jobs.
Wed Oct 11, 2017, 11:04 AM
Oct 2017

Employers can refuse to offer birth control to their employees and THAT decision has nothing to do with what the customer wants. The National Anthem includes political and religious beliefs. UNDER WHO’s GOD ? This will be a slam dunk in court for the players. The rights granted under the Constitution to precedence over the beliefs of an employer.

MichMary

(1,714 posts)
82. "God" isn't mentioned in the Star Spangled Banner
Wed Oct 11, 2017, 11:11 AM
Oct 2017

and it really doesn't talk about political beliefs, either.

O say can you see, by the dawn's early light,
What so proudly we hailed at the twilight's last gleaming,
Whose broad stripes and bright stars through the perilous fight,
O'er the ramparts we watched, were so gallantly streaming?
And the rockets' red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there;
O say does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?

No, it has nothing to do with the performance of their job, but it appears that NOT standing is affecting their employers' bottom line. Emp)loyers absolutely have the right to establish workplace rules, whether the employee agrees with them or not. Thus, businesses have dress codes (which have nothing to do with job performance, either.) They have rules about how you answer the phone, and probably hundreds of other things that are probably irrelevant to job performance.

democratisphere

(17,235 posts)
43. Let each individual decide; player, coach, management, fans; as to whether
Wed Oct 11, 2017, 10:16 AM
Oct 2017

they kneel, sit or stand. It is their choice. It is their right. THEN, get off this topic NFL, fans, management, news media, et al.

kentuck

(115,401 posts)
48. I'm OK with standing for the national anthem so long as...
Wed Oct 11, 2017, 10:20 AM
Oct 2017

..it is not mandatory. Then it becomes another matter.

The concept of "patriotism" cannot be forced upon an individual.

democratisphere

(17,235 posts)
67. I totally agree with you on the "not required" or "making it mandatory".
Wed Oct 11, 2017, 10:37 AM
Oct 2017

drumpf has gotten a lot of diversion milage out of this subject and I hope everyone involved can move-on.

doc03

(39,078 posts)
56. So now your employer can make you swear allegiance to Herr Trump
Wed Oct 11, 2017, 10:25 AM
Oct 2017

or whatever or get fired. That Dotard invented this whole controversy out of thin air. A draft dodging, Russian loving,
admitted sexual predator and pathological liar.

FarPoint

(14,759 posts)
60. I want the protest message to be much more in front of this bend the knee cry. ..
Wed Oct 11, 2017, 10:30 AM
Oct 2017

We need to hear loudand clear as to Why they bend the knee.... tRump stole the attention making it about Patriotism....it's not about that at all...The real message is lost!

FarPoint

(14,759 posts)
84. Police shooting unarmed black males....
Wed Oct 11, 2017, 11:12 AM
Oct 2017

Then, message morphed against tRrump when he verbally attacked back NFL Players in the media....now thst message disappeared...folks have to ask.

 

Not Ruth

(3,613 posts)
105. I think that that was the message last season, but it seems to have evolved to anti Trump
Wed Oct 11, 2017, 12:49 PM
Oct 2017

jcmaine72

(1,843 posts)
88. Goodell is a spineless unprincipled weasel.
Wed Oct 11, 2017, 11:18 AM
Oct 2017

What happened him being "proud of our league" with regards to the anthem protests? By reversing himself, he just looks weak and ineffectual, guaranteeing that no one will take anything he says seriously, if they ever did.

HAB911

(10,440 posts)
93. Arms race
Wed Oct 11, 2017, 11:24 AM
Oct 2017

tell them to stand, they turn their backs
tell them to face forward, they raise their fist
tell them not to raise their fist
they will raise two fists


I wish I could stop watching the NFL, but I never started so can't stop in protest

My tv contract is up, the new one will have zero sports, especially ESPN and Disney

Fuck the NFL, Fuck Trump

 

JoeStuckInOH

(544 posts)
95. If the NFL fines/punushes players for unwillingness to do post-game interviews with media...
Wed Oct 11, 2017, 11:28 AM
Oct 2017

They can certainly dictate the player's behavior when they're standing ON the field in uniform prior to the game.

It's simple: Employees represent their employers both on and off the job. Actions of the employees may reflect positively or negatively on the company's "brand". Employers have the right to punish, suspend, or terminate employees that they deem damaging to the company's image so long as the reason for discipline is not in violation based on protected classes of people (sexuality, religion, race, gender... etc.)

The Players are the employees and the Teams and NFL are the employers.
Players are not obligated to play if they refuse with the terms of service (ie: The Rules).
The Teams and NFL are not obligated to allow the Players to play when they fail to follow regulations.


Given that the players are in a union, the only recourse they have is negotiations and strikes. Well, assuming enough of the union membership is sufficiently bothered by having to stand for the national Anthem.

 

Demit

(11,238 posts)
104. So the teams can bench players but they still have to pay them, right?
Wed Oct 11, 2017, 12:01 PM
Oct 2017

I think an owner would be cutting off his nose to spite his face there. Football fans aren't going to want to spend the big bucks to watch second-stringers play.

 

JoeStuckInOH

(544 posts)
110. They could possibly fine players, too.
Wed Oct 11, 2017, 01:10 PM
Oct 2017

It ultimately depends on what's in the contracts, but if the team decides to sit or cut a player there is generally a portion of the contract that is guaranteed to be paid out. Many players have incentive based pay built into their contracts. Even if you don't fine them, simply benching a player that expects to see significant game time hurts their overall salary and it can be punitive in that manner.

I would expect, being an off-field violation, there will be fines imposed by the NFL and then suspensions for multiple-offenders. And if the league says failure to comply means missing games... well, coaches and general managers don't want to deal with uncertainty in the roster and will trade players away or let contracts expire. Many coaches and managers don't care whether a player stands or not, but when suspended players start affecting game strategies and impacting team competitiveness... then players at risk for suspension will find themselves sitting next to Colin Kapernick on Sundays in the near future.

While I believe the players DO have a right to comment and protest social injustices and should be able to do so WITHOUT reprisal... I also believe the NFL and Teams have a right for their events to remain apolitical and not be used as a soap-box unrelated to the sport itself.

 

Demit

(11,238 posts)
114. The easy solution is to not have the players take the field till after the anthem is finished.
Wed Oct 11, 2017, 01:26 PM
Oct 2017

That would keep the events unpolitical. As it is, forcing the players to respond in a particular way to the national anthem IS being political. I don't think owners have the right to use their events "as a soap-box unrelated to the sport itself" either.

 

JoeStuckInOH

(544 posts)
115. The NFL and Team Owners do though... it's their event to make whatever they awant of it.
Wed Oct 11, 2017, 01:38 PM
Oct 2017

The owners own the franchise and the NFL is the governing/controlling association. They can turn the events into whatever circus suits them. That is their right as owners.

 

Demit

(11,238 posts)
133. They can't claim they want the game to be nonpolitical then.
Wed Oct 11, 2017, 03:02 PM
Oct 2017

Yes, they can be as heavyhanded as their personal politics incline them to be, up to a (contractual) point. But remember, the driving force for both the owners & the NFL is lovely, lovely money, and it's the talent that the fans come to see. That the networks pay through the nose for. That the advertisers pay big bucks for.

They'd all be fools to jeopardize their bottom lines for something that, as you say, has nothing to do with football.

 

JoeStuckInOH

(544 posts)
135. Agreed but they can also tell the players to be apolitical, at least while at the games.
Wed Oct 11, 2017, 04:14 PM
Oct 2017

I guess it's their right to be hypocritical on the matter of political displays at a sporting sporting event.
Just as it's their right to do things that offend advertisers and hurt revenues.

If they decide to MAKE players stand for the anthem, there's little players can do but have the union strike.

I predict this issue goes away within 2 months once trump stops paying it lip service and the NFL/Owners stop threatening ignorant mandates about standing.

Orrex

(67,104 posts)
102. On the plus side, this means that the protesting players won
Wed Oct 11, 2017, 11:57 AM
Oct 2017

Stipulating, as several have noted, that the commish hasn't actually ordered players to stand, if the NFL as an entity steps in at this point and declares "thou shalt not," then it's a clear statement that they have no other option than to rule by fiat.

This is not a victory for Trump, despite what I've read in various media sources, because Trump is an idiot racist fuckhead and because this isn't saying that Trump is correct; it's simply the NFL trying to protect its revenue.

PunksMom

(440 posts)
103. The great divider has done it again...
Wed Oct 11, 2017, 11:58 AM
Oct 2017

and here we are☹️Divided.
It’s all so disheartening

OldHippieChick

(2,434 posts)
107. There was no problem until Cheeto decided to make it one.
Wed Oct 11, 2017, 12:51 PM
Oct 2017

We're fishing for tuna and he keeps throwing chum in the water and attracting sharks.

 

The_Casual_Observer

(27,742 posts)
106. There is a difference between "should" and "shall"
Wed Oct 11, 2017, 12:51 PM
Oct 2017

This is the same wording as in the CFR that the rw nuts are always citing. He's not demanding anything here, it's a suggestion.

Initech

(108,728 posts)
120. California is burning. Texas and Puerto Rico are drowning. But what's our national priority?
Wed Oct 11, 2017, 01:57 PM
Oct 2017

Who worships 'Merica more! The sooner this thing dies the better. We have more important things to worry about.

bdamomma

(69,532 posts)
128. California
Wed Oct 11, 2017, 02:41 PM
Oct 2017

did not vote for him that is why he is being an asshole. It's all about him.

Again, I hate this stupid dotard. How many times can we say it, HE NEEDS TO GO.

and if we hear that the Congress wants him to go too, but they are too afraid of causing a panic......hmm we can avoid a panic if they get him on the 25th Amendment.

Initech

(108,728 posts)
129. I don't know.
Wed Oct 11, 2017, 02:42 PM
Oct 2017

But this guy is the biggest piece of shit we've ever elected. And he's enabling the absolute worst people in society.

 

leftynyc

(26,060 posts)
124. He's not ordering anything
Wed Oct 11, 2017, 02:32 PM
Oct 2017

First a lie from donnie:

"It is about time that Roger Goodell of the NFL is finally demanding that all players STAND for our great National Anthem-RESPECT OUR COUNTRY," Trump tweeted.

The NFL then responded with a statement saying, "Commentary this morning about the Commissioner's position on the anthem is not accurate." The statement, as reported by NFL Media analyst Ian Rapoport, went on to say "there will be a discussion of these issues at the owners meeting next week" and that the NFL is looking "to move from protest to progress, working to bring people together."

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