History Lab: Is Colin Kaepernick’s refusal to stand for the National Anthem a form of freedom of expression or unpatriotic action?

Source 1: Photograph of San Francisco Quarterback Colin Kaepernick kneeling during the National Anthem in the pre-season football game between the San Francisco 49ers and the San Diego Chargers. Game played on 9/1/2016

Source 2: Colin Kaepernick stating his thoughts on his decision not to stand for the National Anthem. http://www.nfl.com/news/story/0ap3000000691077/article/colin-kaepernick-explains-why-he-sat-during-national-anthem

"I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color," Kaepernick told NFL Media in an exclusive interview after the game. "To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder."

“Once again, I’m not anti-American,” Kaepernick said Thursday. “I love America. I love people. That’s why I’m doing this. I want to help make America better. I think having these conversations helps everybody have a better understanding of where everybody is coming from.”

Source 3: Editorial – Savannah Morning News ; 8/30/2016 http://savannahnow.com/opinion-editorial/2016-08-29/editorial-crybaby-colin-kaepernick-deserves-sack-after-his-shameful

The San Francisco 49ers’ mediocre quarterback Colin Kaepernick has the right as an American citizen

to look like a jerk and a moron by refusing to stand for the playing of the national anthem to protest what

he deems are wrongdoings against African Americans and minorities in the United States.

At the same time, football fans have the right to criticize this prima donna millionaire for making a

meaningless gesture that will do nothing to solve the problems he identified and for disrespecting the

symbol of this nation and all the brave servicemen and women who sacrificed so that he and other

American citizens can enjoy the precious freedoms of speech and expression.

It’s true that he’s free to stand, or not to stand, during the National Anthem. And while it’s true that

“oppression” has been a problem in this country, let’s not forget that the United States has helped

liberate millions of oppressed people around the world during multiple world wars and other conflicts and

that its brave sons and daughters are serving in the front lines today fighting to stop oppression from

spreading. As far as “getting away with murder” is concerned, he’s falling for the baseless, anti-police

rhetoric that several irresponsible groups have been spreading to sow violence and dissent in this

nation.

Source 4: Editorial Los Angeles Times; 8/31/2016

“But either way, he’s entitled to his protest. The simple fact is that Americans are not obligated to say the Pledge of Allegiance or to stand for the national anthem or to be grateful that they’ve been allowed to become wealthy quarterbacks. “ L.A. Times

Source 5: United States Supreme Court WEST VIRGINIA STATE BOARD OF EDUCATION v. BARNETTE, (1943) No. 591 Argued: March 11, 1943    Decided: June 14, 1943 http://caselaw.findlaw.com/us-supreme-court/319/624.html“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.”

“We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.”

“Any spark of love for country which may be generated in a child or his associates by forcing him to make what is to him an empty gesture and recite words wrung from him contrary to his religious beliefs is overshadowed by the desirability of preserving freedom of conscience to the full. It is in that freedom and the example of persuasion, not in force and compulsion, that the real unity of America lies.”

http://caselaw.findlaw.com/us-supreme-court/319/624.html

Source 6: Photograph of Colin Kaepernick wearing “pig socks” that have a police had on top of them. John Hefti-USA TODAY Sports, 2016

Source 7: Editorial – Forbes Magazine, Eric Macramalla. 8/30/2016  http://www.forbes.com/sites/ericmacramalla/2016/08/30/colin-kaepernick-is-no-muhammad-ali/#6416dc752d3b

“Standing for the anthem is not some implied endorsement of racial injustice. Rather, we stand for the anthem as a show of solidarity and unity in an imperfect country. We stand for the anthem as a recognition of all those that have come before and as a show of respect for their sacrifice.”

Source 8: Oct. 16, 1968: U.S. runners Tommie Smith, center, and John Carlos stare downward during the playing of "The Star-Spangled Banner" after receiving their medals at the Olympics in Mexico City. Often overlooked is Australian silver medalist Peter Norman.  (THE ASSOCIATED PRESS FILE PHOTO)  

Source 9: United States President Barack Obama sharing his thoughts on Colin Kaepernick, 8/5/2016; http://www.snopes.com/2016/09/05/obama-defends-kaepernick/

In terms of Mr. Kaepernick, you know, I gotta confess that I haven’t been thinking about football while I’ve been over here, and I haven’t been following this closely, but my understanding, at least, is that he’s exercising his constitutional right to make a statement. I think there’s a long history of sports figures doing so.

I think there are a lot of ways you can do it. As a general matter, when it comes to the flag and the national anthem, and the meaning that that holds for our men and women in uniform and those who fought for us, that is a tough thing for them to get past to then hear what his deeper concerns are.

But I don't doubt his sincerity, based on what I've heard. I think he cares about some real, legitimate issues that have to be talked about. And, if nothing else, what he's done is he's generated more conversation around some topics that need to be talked about.

So, again, I haven't been paying close attention to it, but you've heard me talk about in the past the need for us to have an active citizenry. Sometimes that's messy and controversial, and it gets people angry and frustrated, but I'd rather have young people who are engaged in the argument and trying to think through how they can be part of our democratic process than people who are just sitting on the sidelines and not paying attention at all.

My suspicion is that over time he's going to refine how he's thinking about it, and maybe some of his critics will start seeing that he has a point around certain concerns about justice and equality, and that's how we move forward. Sometimes it's messy, but that's the way democracy works.

Source 10: NFL Commisonner Roger Goodell giving his thoughts on the Colin Kaepernick controversy, 9/7/2016 http://www.usatoday.com/story/sports/nfl/2016/09/07/goodell-doesnt-agree-with-kaepernicks-actions/89958636/

"Well my personal thoughts are... I support our players when they want to see change in society, and we don't live in a perfect society. We live in an imperfect society. On the other hand, we believe very strongly in patriotism in the NFL. I personally believe very strongly in that. I think it's important to have respect for our country, for our flag, for the people who make our country better; for law enforcement, and for our military who are out fighting for our freedoms and our ideals.

"These are all important things for us, and that moment is a very important moment. So, I don't necessarily agree with what he is doing. We encourage our players to be respectful in that time and I like to think of it as a moment where we can unite as a country. And that's what we need more, and that's what I think football does - it unites our country. So I would like to see us focusing on our similarities and trying to bring people together.

"Players have a platform, and it's his right to do that. We encourage them to be respectful and it's important for them to do that.” ~~~Roger Goodell

Document Source Analysis SheetSource or Text Is this source supportive, critical, or

neutral toward Colin Kaepernick’s actions?

What good points does the author or creator

make with this source for their position?

What weaknesses does this source have (what

is left out)?

Source 1: Image of Kaepernick during National Anthem

Source 2: Kaepernick’s thoughts on protest

Source 3: Savannah Newspaper Editorial

Source 4: Los Angeles Times Editorial

Source 5: USA Supreme Court Case involving Pledge of Allegiance

Source 6: Kaepernick in Pig Socks

Source 7: Editorial Forbes Magazine

Source 8:Black Power Photograph

Source 9:Barack Obama’s thoughts

Source 10: Roger Goodell’s thoughts