Freedom of speech sometimes includes silent protests

I love our American flag. Whenever it passes by in a parade, I put my right hand to my heart, usually with my camera in my hand. I recite the Pledge of Allegiance and stand proudly when the National Anthem plays or is sang (even when it’s sang horribly). I’ve never considered it a requirement or an obligation. I’ve considered it the right thing to do as a sign of pride for my country.

Not everyone sees it that way. There are some who equate the American flag with the president or with the strife our country faces today and refuse to stand during the pledge or the anthem. I can see their point of view, but I do not share it.

That’s the joy of being in this country. We can express or demonstrate opposing points of view and still live together in a society that doesn’t look like something out of Mad Max.

Everyone’s aware of Colin Kaepernick’s kneeling protest during the National Anthem last year because he equated the Stars and Stripes to a country that endorses police officers shooting and killing citizens. Patriots expressed their horror at the display and were not brokenhearted when the football player found himself without a team this year. When that happened, the issue seemed to cool down a little on the national stage.

Then, President Donald Trump decided to stir the pot. The threat of nuclear war with North Korea, the plight of actual health care in this country and the near destruction of Puerto Rico—a U.S. territory—were shoved into the background as the president made NFL flag protests an issue again by urging team owners to fire any player who does get his tushy off the bench and stand for the National Anthem.

What Trump hasn’t seemed to grasp is that whenever he tries to push radical ideas, there will be plenty of people pushing back because he prefers pouring gasoline on a fire instead of letting it burn out. Instead of quelling the uprising, it has spread like an Arizona wildfire in the summer.

Instead of just a few players protesting the National Anthem this past weekend, every team had some form of protest. More players knelt, while their comrades stood with arms locked. Some owners joined their teams on the field. The Pittsburgh Steelers, save one player, stayed off the field out of sight during the anthem. Trump’s statement even brought in athletes from other sports, as basketball star LeBron James called the president a bum for his suggestion. Kaepernick’s own mother joined the fray, calling herself a “proud bitch” after Trump called football players “sons of bitches” if they don’t stand for the flag.

So, in an effort to break the rebellion, he gave it strength. It was like seeing the scene in Star Wars where Obi-Wan Kenobi tells Darth Vader, “If you strike me down, I shall become more powerful than you can possibly imagine.”

Of course, to give credit where credit is due, Trump generated plenty of debate on both sides of the aisle. Football fans who believe everyone should stand for the flag no matter what were burning their sports memorabilia and vowing on Facebook that football is dead to them because those who kneel are spitting in the faces, figuratively, of the men and women who fight for our country. Other Facebook friends, including those who have served, were pointing out that those soldiers were fighting for freedom, and that includes freedom of speech, so the protests are protected by the First Amendment.

Both sides have valid points. Where the president errs, however, is by suggesting the NFL owners should make it a requirement that players stand for the flag or be fired. While it’s Trump’s right to make the suggestion, having the NFL actually do so would fly in the face of the First Amendment.

There is a Supreme Court precedent for this very issue. Before anyone rolls their eyes and talks about modern activist judges, keep in mind that this decision came about in 1940, long before any of the Supreme Court justices today came on board.

In the case of Minersville School District v. Gobitis, a Pennsylvania school had expelled students who did not stand and recite the Pledge of Allegiance. The students were part of a Jehovah’s Witness family, and a leader of the faith had called for JWs to not stand for the pledge. The reasoning behind that call was that Adolf Hitler had JWs expelled from Germany in 1933 and moved to concentration camps for not giving the flat-handed salute. The Supreme Court ruled that rules and policies could not legally be made to require someone to stand up and salute the American flag.

Another Supreme Court case in 1943, West Virginia State Board of Education v. Barnette, reiterated the court’s earlier stance. Here’s what Justice Robert Jackson said as he wrote for the majority:

“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.”

It’s interesting to note that, according to Snopes, NFL teams weren’t required to be on the field for the National Anthem until 2009. Prior to that, it was up to individual players whether they wanted to be on the field when the anthem was played. There’s a rumor that the reason that rule came about was because the NFL was getting money for “patriotic displays,” but Snopes claims not have any concrete proof that the rumor is fact.

If the president—and all the angry sports fans—want to put the protests to rest, the requirement of being on the field should be abolished, and the option should come with a caveat that, if you’re going to be on the field and represent the team, you’re going to stand when they roll the flag out.

Patriotism is not something that can be burned into someone involuntarily, unless we’re ready to abandon all the principles that make America great. Feel free to find the protests distasteful, and turn off the football games if the kneeling really offends you (I hear books are a great way to pass the time on Sundays—hint, hint). Keep doing what you’re doing, standing tall with your hand on your heart singing the Star-Spangled Banner, even if it is off-key. Don’t let the naysayers claim that doing so is endorsing Trump’s ideology, because I’ve got news for folks. The flag stands for freedom—always has, always will.

However, don’t forget that we all come from different places in this great melting pot called America, and sometimes being free means we have to witness some uncomfortable things. As long as the protesters aren’t taking lives, assaulting other people, damaging property or breaking laws, let them fall to their knees. This is a big, round world, and we can always turn around, left or right, to see something else.

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