As I indicated in my initial post, I represent a strange mixture of political philosophies. I am a strong believer in civil liberties as well as a strong supporter of national defense and those who have engaged in it actively. In this context, I feel compelled to offer some observations on the current controversy involving professional athletes.
I have always believed in and tried to practice proper respect for the national anthem. When the national anthem is played, I believe that citizens should stand and place their right hand over their heart (or render a salute, if in the military service). I have attended many public events in which large numbers of people have not observed this practice. I have never attempted to determine their reasons for their behavior, but I suspect that they have nothing to do with any form of protest. Laziness and ignorance probably rank toward the top.
I have also observed numerous occasions on which the American flag has been treated in ways that are at variance with published standards and common sense. The flag should never be permitted to touch the ground. Its passing should be observed by standing with one’s hand over the heart or by rendering an appropriate military salute. The flag should not be displayed at night without proper illumination. In foul weather, only an appropriate storm flag should be flown. The flag should never be displayed as an item of apparel. How many times have all of us observed violations of these protocols? Are those that commit such violations protesting? Again, I think not.
This brings us to those who are, indeed, protesting. Professional athletes are “taking a knee” or raising a fist during the playing of the anthem. They are doing this, I believe, in protest over what they perceive as discriminatory actions (principally killing) by some police officers. Their right to protest is unquestionably protected by the 1st Amendment to the U.S. Constitution. The method of protest is certainly not one which I would choose or recommend, but I share many of their concerns. (I am thinking through an essay on the current St. Louis “cause celebre”.)
They have a purpose behind their behavior. Those listed earlier engage in the same behavior for no discernible purpose.
Over the years, I have supervised many people whose political and social views differed widely from mine. Many of them have engaged in demonstrations of which I did not approve. It never occurred to me that I should terminate their employment as a result of their views or practices. We have seen and heard employees of the Federal Government call for the firing of protestors. This is certainly questionable on First Amendment grounds and, apparently, a violation of Federal statute. There is an appropriate message in the behavior of many of the other athletes in the past weeks. Some have chosen to kneel in solidarity with their teammates before the anthem and to stand with an appropriate salute during the anthem. Others have elected to stand behind their kneeling teammates with their left hands on the shoulders of those kneeling, while standing and rendering an appropriate salute. By doing so, these players are supporting the constitutional rights of their colleagues while continuing to display appropriate respect for the anthem and flag.
Some of us may support the protesting players fully. Others may totally disagree with them. But all of us could well join those other teammates in respecting both the Constitution and our national symbols.
I agree that the players have a constitutional right to voice their opinions and demonstrate as well. Setting aside the form of their protest for the moment, my question is, should employees exercise their constitutional rights to the fullest degree while they are on their employer’s dime?
When I agree to work for an employer, I agree to follow their policies regarding employment. Part of the agreement is that employment is “at will”. The employer will employ me as long as I provide value to the enterprise. Often there are policies that prohibit me from speaking on behalf of the employer without permission or expressing opinions while identifying myself as a representative of that employer. I voluntarily subjugate my first amendment rights to my continued employment. For example, what if I were a vegetarian working at a steakhouse? My employer would take a dim view of me wearing my “meat is murder” button while serving customers. I would expect that if I refused to remove my button that I would be fired, and no one would blame the owner.
Back to football. I’ve been reading more and more that ratings are sliding and ticket sales are declining for NFL games. The main issue seems to be the ongoing national anthem protests by some players. Would it be outside of my rights as an employer (team owner) to request that my employees reserve their protests for their own time and not while they are on the clock and in uniform representing my team? And if they refuse, is it outside of my rights as an employer to discipline the employees who refuse, even to the point of firing them?