General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe 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??
Irish_Dem
(81,202 posts)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)A piece of cloth and music.
bdamomma
(69,532 posts)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)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)jmg257
(11,996 posts)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)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 ?
pangaia
(24,324 posts)One would think that people here wold know.
DK504
(3,847 posts)If he tries to put it in contracts he will have an all out strike. Good luck with that Roger.
Johonny
(26,159 posts)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)
?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.
malaise
(295,998 posts)shortly
WillowTree
(5,350 posts)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?
kentuck
(115,401 posts)Just curious.
Calista241
(5,633 posts)Theyre wearing uniforms and representing their employer.
The first amendment guarantees them that the government cant regulate their speech. But tif they want to keep playing football, theyre going to have to follow the NFLs rules.
WillowTree
(5,350 posts)kentuck
(115,401 posts)It seems that the Constitution does not apply to "employers"??
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)They are exempt from constitutional requirements?
I do understand that is the way it has been forever.
MichMary
(1,714 posts)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)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)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)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)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)".......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.
kentuck
(115,401 posts)after a long weekend.
WillowTree
(5,350 posts).......where I said that illegal behavior would be an exception?
MichMary
(1,714 posts)for things they have posted on their FB pages, on their own time. Happened to someone I know.
WillowTree
(5,350 posts).......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)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)Not saying it was or wasn't justified, but the bank apparently felt that it could impact their business.
MichMan
(17,138 posts)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)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)Only imposes limits of federal and state government action, not employer action.
WillowTree
(5,350 posts)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)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)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)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.
Major Nikon
(36,925 posts)LisaM
(29,632 posts)I hope that their union steps up to the plate here.
ElementaryPenguin
(7,911 posts)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)I always worked in taxpayer provided work-space. I was never allowed to protest or the work space.
kentuck
(115,401 posts)That is sometimes the root of the problem.
Hangingon
(3,088 posts)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)If you thought it unreasonable or illegal, then you would have legal recourse, I suppose?
Hangingon
(3,088 posts)If given an illegal order, there was recourse in the agency and civil service.
MichMan
(17,138 posts)and see how absolute Freedom of Speech is
Major Nikon
(36,925 posts)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)promotions to be a problem. There is the unquantifiable "judgement" factor.
Major Nikon
(36,925 posts)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)other things.
You need to learn the history of the labor movement so you won't be so misguided.
WillowTree
(5,350 posts)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)People stand together to improve their lives.
MichMan
(17,138 posts)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?
WillowTree
(5,350 posts)They could have a rude awakening one day.
Major Nikon
(36,925 posts)The OP asks if the players could sue based on the infringement of constitutional rights. The answer is almost certainly not successfully.
wasupaloopa
(4,516 posts)Major Nikon
(36,925 posts)Bengus81
(10,158 posts)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)It's all bullshit for political and racist reasons
WillowTree
(5,350 posts)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)
LanternWaste This message was self-deleted by its author.
bathroommonkey76
(3,827 posts)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)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.
https://www.lexology.com/library/detail.aspx?g=408925a7-390b-4a0b-8016-cce90916f982
WillowTree
(5,350 posts)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)The NFL rulebook makes no mention of the national anthem. But the game operations manual does.
Heres 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."
Its 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)Maybe yes, maybe no. But the individual teams also "may" be considering taking disciplinary action. Time will tell.
bathroommonkey76
(3,827 posts)The NFL can't change the rules midway through a season without the NFLPA being involved.
WillowTree
(5,350 posts)bathroommonkey76
(3,827 posts)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)Theyre presumably being payed to play football, right?
Presumably capricious calls for meaningless displays of patriotism isnt in their job description. Based on that assumption (and Ive never read an NFL contract in my life), they might have grounds for a contract dispute.
WillowTree
(5,350 posts)Nevernose
(13,081 posts)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 NFLs 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: were all employees, not slaves. Were all paid to do a specific job, not whatever political whim our employers want us to follow. Thats one of the many reasons Im in a union.
Watchfoxheadexplodes
(3,542 posts)In a rules/conduct change then the kneeling is over.
LanternWaste
(37,748 posts)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)The problem is the NFL players contract is pretty weak compared to the NBA and especially MLB.
Ninga
(9,012 posts)I suggest all who are offended at protestors kneeling - try walking in their shoes.
ProfessorGAC
(76,676 posts). . .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.
Not Ruth
(3,613 posts)kentuck
(115,401 posts)ProfessorGAC
(76,676 posts)Maybe you're right, but the statement from the NFL and this article don't say that explicitly.
kentuck
(115,401 posts)He is probably being ambiguous for a reason?
ProfessorGAC
(76,676 posts)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?
kentuck
(115,401 posts)To the whole divisive mess created by President Tweeter.
Joe941
(2,848 posts)wasupaloopa
(4,516 posts)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.
Not Ruth
(3,613 posts)Kleveland
(1,257 posts)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)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)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.
lunasun
(21,646 posts)Trust Buster
(7,299 posts)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)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)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)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 WHOs 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)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.
grossproffit
(5,591 posts)democratisphere
(17,235 posts)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)..it is not mandatory. Then it becomes another matter.
The concept of "patriotism" cannot be forced upon an individual.
democratisphere
(17,235 posts)drumpf has gotten a lot of diversion milage out of this subject and I hope everyone involved can move-on.
SHRED
(28,136 posts)See what the owners do then.
Solidarity!
boston bean
(36,930 posts)doc03
(39,078 posts)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)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!
Not Ruth
(3,613 posts)FarPoint
(14,759 posts)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)Iggo
(49,924 posts)C_U_L8R
(49,372 posts)WillowTree
(5,350 posts)Or face some other discipline.
stonecutter357
(13,045 posts)fuck trump...
jcmaine72
(1,843 posts)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)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
Dave Starsky
(5,914 posts)There are a million ways to say "Fuck you" to racism and Donald Trump.
JoeStuckInOH
(544 posts)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)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)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)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)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)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)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)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)and here we are☹️Divided.
Its all so disheartening
OldHippieChick
(2,434 posts)We're fishing for tuna and he keeps throwing chum in the water and attracting sharks.
The_Casual_Observer
(27,742 posts)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.
maveric
(17,044 posts)Forcing people to do something is NOT freedom.
WinkyDink
(51,311 posts)Initech
(108,728 posts)Who worships 'Merica more! The sooner this thing dies the better. We have more important things to worry about.
bdamomma
(69,532 posts)dotard thinks this is TV show. I hate the fucking guy.
Initech
(108,728 posts)bdamomma
(69,532 posts)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)But this guy is the biggest piece of shit we've ever elected. And he's enabling the absolute worst people in society.
bdamomma
(69,532 posts)leftynyc
(26,060 posts)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."
dembotoz
(16,922 posts)leftynyc
(26,060 posts)this man says at face value. He lies about everything.
dembotoz
(16,922 posts)Eliot Rosewater
(34,285 posts)Dawson Leery
(19,568 posts)I always will.