It's Alberto (:

NFL Protests Activity

Neat discussion we did in class on whether NFL owners have a right to fire protesters for “detrimental conduct” or “damaging the integrity of the league.” Also discusses wether players have a right to stand under NFL moral conduct clauses. Read if you have the time. It is obvious who I side with and should not even have to say but for those of you that do not read into things: I believe the players are within every right to protest the way they have. Taking that into account read if you please, just a neat way to look at the subject from both sides of the spectrum.

I. Read this article on the controversy between President Trump and the NFL concerning protests during the national anthem.

https://www.nytimes.com/…/sp…/nfl-trump-anthem-protests.html

II. Read the following two excerpts from the US Code:

https://www.law.cornell.edu/uscode/text/36/301

https://www.law.cornell.edu/uscode/text/4/10

III. Read pages 1 - 12 of the attached article on Morals Clauses in Sports Contracts

https://blackboard.waketech.edu/…/Morals%20Clauses%20in%20S…

V. Answer BOTH of the following questions:

A. You are an attorney for a NFL team owner. Your client wants to take President Trump’s advice and fire players who do not stand for the playing of the national anthem. Make the case for how this can be accomplished, based on everything you just read. In addition, what practical business advice might you offer your client?

B. You are an attorney for an NFL player. Your client kneeled during the playing of the national anthem and plans to do so for the rest of the season. He wants to make sure he is within his rights to do so. Make the case for your client, based on everything you just read. In addition, what practical business advice might you offer your client?

To Stand or Not to Stand?

A. US Code Statute 301© states and I quote: “all other persons present should face the flag and stand at attention with their right hand over their heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart.” This is conduct expected by any citizen of the United States wether a paid professional or a working class citizen attending a ceremony where the anthem is being played. Paragraph 2 of the Standard Player Contracts states in summary that once employment is agreed upon the player is to do everything within his power to perform his contract and perform the contract knowing that the game of football largely depends on public acceptance of players and owners alike. Paragraph 11 states in summary that if the employer feels for any reason the player has violated his moral policy conduct he has the right to terminate the employment of the player. Last but not least paragraph 15 states in summary that if the commissioner of the NFL feels as if a player has violated the moral policy conduct or has participated in any behavior detrimental to the to the league, the commissioner has the right to fine, suspend or terminate a player but only after said player is given a hearing being represented by a counsel of his choice.

aa. I would advise my client to tread lightly in these waters because even though he has every right to act upon players actions with a fine, suspension or termination of contract it may not be morally correct to do so. In firing these players you are subconciously siding with the opposition of this protest. Let us all remember why these protests were started: to bring attention to social injustices especially to persons of color. The fact that the President has decided to chip in on this debate and give his two cents does not change the origin of protest. Should you choose to act within your legal right and terminate employment of any persons participating in this conduct under your NFL team, fans of the NFL will simply see this as your acceptance of social injustice. If you do decide to proceed with this, against my best consideration; being that most NFL owners are republicans who support and are close friends of Trump, I suggest you pressure him to enact U.S. Code Statute 10 which states in summary that the president of the U.S. has the right to add any provisions to the orginal code of conduct if they deem fit. So I would suggest, in order to keep your name and brand away from this issue, that you pressure your President on defunding his next campaign for re-election if he does not enact a clause to where paid professional athletes MUST stand at attention for the playing of the anthem.

B. As a symbolic form of speech, this act should within all certainty be covered under freedom of speech. If Gregory Johnson can burn the American flag under PROTECTED first amendment rights, you should have every right to respectfully kneel to honor those in service. Note that sitting during the anthem is seen as an act of disrespect. Your brother in arms and former co-worker Colin Kaeperknick started kneeling as a respectful nod to military servicemen. Originally he sat but after many discussions with service members, he decided to kneel in order to still be present on the field during the playing but not stand at attention. The first amendment also protects an American citizens right to peacefully assemble which can be easily argued here. We are not intending to harm anyone holding the flag or who represents it. We are sending a peaceful message to remind the country of the oppressed rights of persons of color. Although the government may determine time, place and manner of such speech it can be argued that by given gametimes every week and knowing the anthem is being played that time, place, and manner has been determined by a third party (NFL). This too can easily be seen as a symbolic act of political speech which under the first amendment is protected unlees it is intended and likely to create imminent lawless action. I nor any other reasonable person would see any correlation of the acts of my clients and an intention to create imminent lawless action. Once again we are simply bringing awareness to a cause.

bb. I would advise my client to do what is in his heart, not the best interest of his pockets or personna. Kaeperknick took the knee and the loss of employment for your right to do so. They have already ostracized one person and its hard to believe they will be able to ostracize another, especially the entire league. At the end of the day you are a person first and a football player second so if you can go to bed at night knowing you refuse to bring awareness to a serious ongoing issue in YOUR country, then do not kneel. I would also advise to not worry about termination due to detrimental conduct or putting the integrity of the league or the commissioner at risks because that is a very vague statement. Who is to determine the meaning of detrimental conduct concerning the league or exactly what puts the integrity of the league in jeopardy? One last thing I would note is that prior to 2009 players were not even required to leave the locker room during the playing of the national anthem. It was a military incentive to the NFL to have players come out on the field during the playing of the anthem. Note that the NFL does not require you to stand, kneel or sit during the anthem but to simply be on the field during its playing. Prior to 2009 players had the choice on whether they wanted to come out on the field and be there during the playing of the national anthem and I belive they should still do so. Megan Rapinoe exercised her right to do so during the playing of the U.S. National Anthem during an International Friendly and was fired from the organization for it. We all know what happened to Kaeperknick. As the great Dr. King once said “injustice anywhere is a threat to justice everywhere.” So do what you please but know your actions are truly reflective of your stance.

NFL Protests Activity

The problem with some black families is that the moment you stand up for yourself or even say “no” you’re disrespectful or ungrateful