First Amendment Ninja Randazza On Why It's Actually Patriotic To Refuse To Stand For The National Anthem
Like any country, we have our problems -- some of which are pretty troubling or even awful. However, I know I am very lucky to be American and especially an American woman at this point in time, with all the rights and privileges that entails. Because of that, I always tear up a little coming back through Customs into this country, and I always stand for the national anthem. I also can't ever see myself burning a flag.
That said, I am a staunch supporter and defender of free speech -- including these kinds of anti-America speech above -- and I feel wildly grateful to be a citizen of a country where you can do these things without, say, being beheaded.
Well, also on a free speech note, First Amendment lawyer Marc J. Randazza, to whom I'm eternally grateful for denying TSA gropenfrau Thedala Magee and her lawyer their $500K payday, spends a good bit of time thinking about where people go wrong in their knee-jerk objections to people exercising their free speech.
As usual, he's right about a sports star who's in the news -- and yes, in case you're wondering, I had to Google "Who the fuck is Colin What's-his-nick?"
Randazza writes about the 49ers quarterback:
If you think that Colin Kaepernick is "unpatriotic" for refusing to stand for the national anthem, you need a remedial course in what the word "patriotic" means.It is "patriotic" to take a stand to try and make your country a better place.
The man has eyes on him, and he chose to use that opportunity to express himself in a way that he believes will improve his country. It was an act of patriotism to not stand for the national anthem, if he believed that it will make the United States a better place.
THAT is what patriotism is -- being willing to do what you can, when you can, to make your country better. Clearly, Kaepernick sincerely believes that this country mistreats African Americans. Clearly, that is not a crazy position to take. (You're free to disagree, but it is hardly irrational). So by using his First Amendment rights to try and push us in a direction that he sees as an improvement is the furthest thing from "unpatriotic" that you can be.
You know who is *not* patriotic? The idiots who say "if y'all don't like it, you can leave." That, to me, is the perspective of a coward and, dare I say, a traitorously stupid mind. No, if you don't like America, work to change it. That is what a participatory democracy is all about.
Could he have done something more constructive? (My father in law suggested that he give lectures to kids, for example) You have every right to think so and to suggest that his methods were stupid. Is he wrong? Sure, maybe he is wrong, and black people should bow down and kiss this country's ass for how good it has been to them. (Or you can believe the opposite).
But to question his patriotism for trying to move things in what he believes to be a positive direction? That says more about the questioner's ignorance than it says about him.
What have you done for America lately?
"You know who is *not* patriotic? The idiots who say "if y'all don't like it, you can leave.""
But what if you firmly and completely rationally believe that that person (say Sharpton for example) leaving will improve the country.
Joe J at August 28, 2016 11:38 PM
You have the right only because of those who defended it. A guy with a hundred million dollar contract who can't even keep his starting job is complaining about this country? My empathy meter is on zero.
MarkD at August 29, 2016 3:53 AM
The cynic in me wonders if Kaepernick is partially doing this because he hasn't performed well lately. Now, if the 49ers get rid of him (is his performance really worth $20 mil/yr?) he can say it's because of his stand (or lack thereof) on the national anthem. Sad that this is what occurs to me.
As far as 1st Amendment rights, seems like everyone is exercising them just fine. Kaepernick, his critics and the critics of those critics are all getting that chance.
N at August 29, 2016 3:58 AM
My problem is that if he doesn't like it here, if it is so unbearably awful here, why not depart for more friendly locales?
Oh, wait, it really isn't that bad is it?
On the other hand, he's subject to the NFL's rules and regulations. If they tell him he needs to stand for the anthem, he might want to stand. If they can tell the Dallas Cowboys they can't put a sticker on their helmets to honor Dallas' murdered police, they can tell KK to stand.
Go ahead, NFL, don't make him stand. Go ahead and piss off a sizable portion of your fan base. I dare you. You know, the nice people that spend money on you?
I R A Darth Aggie at August 29, 2016 5:24 AM
http://ijr.com/2016/08/681907-army-ranger-vet-tells-colin-kaepernick-what-he-should-be-doing-instead-of-sitting-out-natl-anthem/
I think he's trying very hard to not be cut, because that means that $19 million goes out the window because the only guaranteed money is generally in your signing bonus. Even if he carries a clipboard, he'll still make good money.
I R A Darth Aggie at August 29, 2016 5:31 AM
I still know a lot of people in the SF area and they're very upset by his stance. I don't have a problem with his not standing for the national anthem. I do however have a problem with his characterization of the flag as standing for county that is oppressive to minorities and people of color.
What gets lost in the story of Brown v. Board of Education is that the NAACP launched hundreds of lawsuits to over turn "separate but equal." Hundreds. In several states. They had faith in the country and the system. They knew, just knew, that if they could get the case to the Supreme Court, they could prevail. Are those the actions of a group that hated the US or that thought it irredeemably oppressive to them? If the NAACP, in the 1950s, had faith in the US, maybe the naysayers today ought to calm down on the accusations of racism and oppression.
Kapernick needs to realize that, for all its faults, the US offers its minorities more (and better) opportunities than other countries offer their minorities. Try being a Christian in Egypt vs. being a Muslim in the US, or even a Muslim in France. D'ya think Egypt will be electing a Coptic president any time soon? Or France a Muslim one?
I applaud Kap's effort to make things better, but he needs to ask himself if sitting in his mansion during the week and making his statement on the weekend is all he can do. If he really thinks things are bad, he should get off his ass and donate his time to the cause - instead of sitting in his police-protected enclave and sniffing about oppression elsewhere.
And then show some respect for the country that allowed a self-absorbed petulant slacker to get a free college education and get paid millions of dollars to play a game, despite his refusal to work on his poor throwing mechanics and his unwillingness to study the game, things white quarterback, Tom Brady, does regularly.
Too many things in the public sphere today are binary ("I don't like this one aspect of the US, so I don't like the US") when they don't have to be.
Conan the Grammarian at August 29, 2016 5:50 AM
Time to tell these "kids" that "Yes" there is injustice in the USA and the world.
"Yes" we can do better.
"What did you really accomplish?"
"Do you any freaking idea about what you want to accomplish that is doable?"
"Respect those that fight/have fought the "good" fight."
"Are you going to do something that really counts or just make gestures that do not really point anything out that adults do not know."
("On a personal note, you're fired.")
Bob in Texas at August 29, 2016 6:07 AM
Like other adult Americans, this jerk needs to realize that his work place is not the appropriate venue for either political experssions or political opinions.
If he wants to protest he should do it on his own time.
Isab at August 29, 2016 6:48 AM
"The cynic in me wonders if Kaepernick is partially doing this because he hasn't performed well lately. "
This. It's a blatant ploy for media attention, and it worked. He's setting himself up for a career in Hollywood or media when his football career ends (which, as noted, may be soon since he has performed poorly on the field). I don't know if the word "unpatriotic" is quite the right word, but it is incredibly narcissistic.
But yes, assuming that there's nothing in his contract or the NFL's CBA with the players' union, he has the right to not stand. And I have the right to not watch or attend NFL games. I think I'll be getting a lot of yard work on Sundays this fall.
Cousin Dave at August 29, 2016 7:06 AM
Ripping the sheet off of Kaepernick:
https://theconservativetreehouse.com/2016/08/27/controversy-erupts-after-nfl-quarterback-converts-to-islam-and-refuses-to-stand-for-national-anthem/
If we're conflicted about questioning his patriotism, let's question his intellect and character instead.
Lastango at August 29, 2016 7:50 AM
It's hilarious when people impotently threaten to boycott the NFL, the NHL, or MLB. Yeah, sure you will, until you feel like watching a game. (Of course many would-be boycotters aren't patrons anyway, which makes the threat even more ridiculous.)
NFL players have beaten the shit out of their dogs, partners, and children and returned to the game. The NFL is not suffering. Cousin Dave, when Adrian Peterson was reinstated, did you retaliate by doing yard work?
Kaepernick has devotedly and prolifically addressed his causes on social media for months, ramping up to this protest. Considering his work with his other causes, one has to assume this is the start of a new type activism for him. Do you know where his money or time goes when he's not playing? Silly question. You never bother to verify any of your statements about pop culture or celebrities.
The guy works with several charities, and not in name only. He's been a benefactor to Camp Taylor (for kids with heart disease) in Modesto for years. He leads their fundraisers--outside of his mansion.
What contribution are his detractors making to veterans? Putting their hand over their heart while absentmindedly murmuring along?
Why is everyone now monitoring each other's patriotism 1984 style? If he's not disrupting your personal observance of the anthem, why do you care?
Insufficient Poison at August 29, 2016 8:23 AM
Lsstango, let's question the source of that information, which is being laundered by conservative news sources.
How much do you know about Nessa Diab/Ness Nitty? What evidence have you seen that either of them has embraced that flavor of Islam that is threatening to the the American way of life? She is a gay rights activist who has spoken out against ISIS and is scantily clad in almost every press photo. She also believes that gender roles are a social construct that should be defied, which indicates she's a dope but probably a MINO.
Insufficient Poison at August 29, 2016 8:42 AM
Yeah, sure you will, until you feel like watching a game.
*thinks about the last time I sat down to watch a NFL game from start to finish*
Oh, the Super Bowl. Not so much because I'm a fan of either team as much as to watch my fellow alumni play (plenty on both sides), and to see if Peyton could do something new.
Until the playoffs roll around, well, number of fucks given to the NFL: 0. And then to see if my fellow alumni had a good year or not. I might just read about it in the papers, it would be a more efficient use of time.
In the mean time: https://youtu.be/G5oHisLhPLQ
I R A Darth Aggie at August 29, 2016 8:56 AM
IRADA, like I said, if you're not a patron anyway, then a "boycott" is meaningless. People who actively patronize the NFL (tickets, merchandise, ratings) aren't going to stick to a boycott. And if you don't patronize them, why would they care what you think about Kaepernick?
(Damn, I hate having to look up that spelling every time.)
Insufficient Poison at August 29, 2016 9:02 AM
"Kaepernick has devotedly and prolifically addressed his causes on social media for months, ramping up to this protest."
Not having been interested in him enough to see what his position is on Facebook, my first indication was about his assertion that the USA is "oppressive to blacks".
Bullshit.
In case you hate links, an excerpt:
The awesome irony is that in treating blacks as a class denies everyone the opportunity to observe the excellence of the individual except in measured competition - such as the NFL, from which Kaepernick speaks!
Radwaste at August 29, 2016 9:08 AM
Sure, Rad, but aren't we talking about whether his form of protest is unpatriotic and/or offensive to veterans?
Agreement/disagreement with his cause seemed to me to be beside the point.
As I said, in the man's defense, his interest in activism is not new. I disagree with people suggesting that it's insincere showmanship.
Insufficient Poison at August 29, 2016 9:22 AM
Ooh, he addressed his causes on social media. Well, that's actively working to solve the problem. And he ramped up his protests, too. Step aside, Eldridge Cleaver, this guy knows how to be an activist.
I notice that you chopped off the Kaepernick-supportive portion of my post before bashing the portion of what I wrote that you selected.
His work with Camp Taylor is commendable. In my time living in the Bay Area, I've watched Kapernick be less-than-diligent with his football work, but willing to do charitable works and public appearances for the team. I was sympathetic to him when the Yorks were treating him terribly and coaches were mis-playing him and he was struggling. Overall, he has a great deal of potential.
OT: The Yorks have horribly mismanaged that team.
His affiliation with Camp Taylor stems from the fact that his adoptive parents lost two sons to heart disease before adopting him. I'm sure that affected him growing up. He asked them to find a charity to which he could donate part of his first NFL paycheck. They found Camp Taylor and he's been a patron ever since.
And, yes, this country has offered him opportunities that he would not have had in any other country. His football and baseball skills got him (and talented others like him) a free ride to college and a chance at a million dollar career with endorsements and celebrity. Not bad for a country that "oppresses minorities and people of color." So, yeah, some of the indignation people are expressing is warranted. Some of it is not.
Even as a celebrity, he has the right not to stand for the national anthem and to say factually-inaccurate things about the country. And others have the right to bash him for what he says and does.
Is this going back to the Paris Hilton thing? I asked, "Didn't Paris Hilton try to get her purse dog declared an emotional support animal?" Apparently asking a question now qualifies as making an unverified statement.
If you wanna sniff about making unverified statements about pop culture or celebrities, go ahead.
I stand by what I said about Kaepernick (the good and the bad) and his "protests" about minority oppression in the US, and about his work ethic. NinerNation commented on Kaepernick's development in late 2015, noting that "Nearly two seasons later ... Kaepernick has failed to develop and improve on his weaknesses...." A lot of that is due to his well-documented resistance to working on his mechanics and studying the game.
==============================
An Army Ranger addresses Kaepernick on his refusal to stand for the national anthem.
Conan the Grammarian at August 29, 2016 9:25 AM
You don't have to actually boycott the NFL to hit them in the pocketbook. Just boycott anyone who buys commercial time during their games.
Patrick at August 29, 2016 9:46 AM
So, no more beer and erectile dysfunction drugs?
Conan the Grammarian at August 29, 2016 9:48 AM
Conan, I am recalling your unflinching statement that there are no TV shows about male special forces (I rattled off several), and the one that boys who want to play video games have to be Lara Croft (versus any number of testosterone-fueled masculine characters).
I did not mean to misrepresent/simplify your entire post, just to make a counterclaim to the claim that this guy just sits around in his mansion.
When you're this famous, speaking out on social media is powerful--and he does it a LOT. Enough to convince me that he isn't just showboating. He has stated on Twitter that you shouldn't brag too much about your charitable work unless it's to bring attention to the cause. It seems very likely he's given money to these groups. I don't know why you're confident assuming otherwise.
I'm not contesting anything you've said about his training. I'll take your word for it.
Insufficient Poison at August 29, 2016 9:51 AM
No one is boycotting the NFL and certainly not their sponsors. You'd have to boycott everything.
Insufficient Poison at August 29, 2016 10:00 AM
When I made that statement, I had just watched two shows back to back in which the men were nerdy scientist types and the women were kick-ass ninjas, so my statement was probably a bit too general. But I'll stand by it. Watch as the modern 100lb women in tv shows go fist to fist with 200lb trained and in-shape fighting men and win more often than not. Ain't gonna happen in real life.
Conan the Grammarian at August 29, 2016 10:10 AM
"The NFL is not suffering. Cousin Dave, when Adrian Peterson was reinstated, did you retaliate by doing yard work?"
I used to be a big fan. When I lived in Florida, I attended 3-4 Dolphins games a year and watched all the rest on TV. I followed Dan Marino's entire career. Dan wasn't a saint, but he was basically a good person. Mark Clayton wasn't a saint, but he was basically a good person and a damn good wide receiver. I could say the same about a bunch of other guys.
I've seen and met plenty of Colin Kapernick's type. In Colin Kapernick's world, it is all about Colin Kapernick, and that's the way it has been since he was in elementary school. Yes, his "activism" is 100% insincere showmanship, orchestrated by employees of his agent and designed to keep his name in the intro on Sportscenter. (ESPN has become highly politicized; I hardly ever watch it any more.)
No it's not a "boycott", in the sense that anything is organized. It's just me and whole bunch of people deciding we have better things to do than watch the equivalent of a 4-year-old running around the living room naked trying to get the adults to pay attention to him. There won't be any organized protest. The NFL will just start noticing that its ratings are going down. Unexpectely! This is already happening to ESPN; they are losing money and they are in serious denial about the reasons why.
Cousin Dave at August 29, 2016 12:14 PM
If Obama had a son he'd look like Colin Kaepernick.
But he'd be a lot less athletic.
dee nile at August 29, 2016 1:08 PM
His action was not patriotic. It was disrespectful. It was not intended to be productive. It was purposefully intended to be hurtful to people that had done him and his family no harm.
I totally disagree that it is his "right" to do this. Denying rightfully owed respect is a serious thing and goes beyond not showing good manners. It is no more his right to do this than it is someone's "right" to butt in line.
It is animalistic behavior designed to be provocative without inducing a response. A coward's action much like blocking a main highway. LEOs will protect him/them from any response by others.
I can ask him to leave this country. That is my "right".
Bob in Texas at August 29, 2016 4:09 PM
Everybuddy sing along with Radley! 🎶
Crid at August 29, 2016 6:12 PM
Amy -- would it change your mind if you were aware (as another list has revealed) that Kaepernick is doing this because he has converted to Islam?
jdgalt at August 30, 2016 9:14 AM
No one has "revealed" this to date. It's unsourced gossip being passed around by right-wing fringe sites.
Insufficient Poison at August 30, 2016 7:50 PM
Personally, I don't really care how an NFL quarterback expresses his right to free speech on or off the field. The questions I have to ask are: "Did this protest make a difference? Was it worth making so many people angry?" I will be satisfied with hearing a policeman in a standoff say that he thought about Colin Kaepernick and decided not to shoot the black man who had already caused injury to a number of bystanders.
Fayd at August 31, 2016 10:28 AM
Leave a comment