Sunday Commentary: Freedom of Speech, Just Don’t Mess with the Flag, or National Anthem

Colin Kaepernick (c.) kneels during the national anthem
 Colin Kaepernick (c.) kneels during the national anthem before the team's NFL preseason football game against the San Diego Chargers. (Chris Carlson/AP)
Colin Kaepernick (c.) kneels during the national anthem before the team’s NFL preseason football game against the San Diego Chargers. (Chris Carlson/AP)

For years I have heard conservatives complain, at times I think rightly, about the lack of free speech on college campuses, but the conservative mantle of free speech seems to give way when it comes to respecting the flag or patriotism.

In that sense, though, I doubt Colin Kaepernick really understood the impact of his action of silent protest, kneeling during the pre-game singing of the national anthem – he couldn’t have picked a more effective venue for his protest.

The reaction has been nothing short of shocking, with people calling him a traitor, stating he ought to be fired (even though the NFL has no rule that requires a player to stand for the national anthem), stating that, while he has a right to protest, they have a right to boo him or root against him.

Now, personally, I have always thought the playing of the national anthem at sporting events was false patriotism and archaic.  While football is probably the least international of all sports, at a baseball game, a basketball game or a hockey game, you probably have 15 nationalities represented on the field and yet we ask the players to stand for the American (and occasionally the Canadian) national anthem.

That point aside, the response has been shocking.  Some have suggested that he is the most despised NFL player among executives since Rae Carruth hired a man to kill his pregnant girlfriend.  Others in the Twitter world have suggested he go find another country to move to or, as one columnist put it, “code for ‘Go back to Africa.’”

New York Daily News columnist Shaun King writes, “In other words, if you are white and think this country sucks, you should run for President on that premise, but if you are black and think the same thing, you should move the hell out.”

Mr. King continues with a very pointed and I think accurate point: “Talking heads, athletes, writers, and politicians all over America have expressed disgust over Colin’s silent protest.  Well, I have a question.  Exactly which form of our protest do you actually prefer?”

He points out, “I have yet to see a form of protest that you actually agree with.”

Mr. King adds, “Because here’s what I really know — you have not yet seen the harshest protests and boycotts that we could try next to wake this nation up and motivate it to actually right the wrongs of police brutality and racial injustice. You should welcome Colin Kaepernick’s peaceful and measured protest.”

I originally thought that the strong reaction was that people didn’t like mixing sports with politics, protest with the flag, but the reality after reading Shaun King’s column is they just don’t want to hear any form of protest from the black community.  No form of protest has been considered acceptable.

The next shoe dropping is actually more interesting to me, and it is word of the Santa Clara police union saying its officers might stop working San Francisco 49ers home games.

The letter states that “some recent actions by a 49ers employee have threatened our harmonious working relationship. On August 26, 2016, prior to the start of the 49er pre-season football game at Levi’s stadium, on duty 49er employee Colin Kaepernick made the decision to exercise his right of free expression and not stand to honor the National Anthem. This expression caught the attention of the media.

“Following the game, your employee explained to the media that his actions were an attempt to get public attention to the oppression of African Americans and minorities in the United States by police officers. Your employee then insinuated that police officers are being placed on paid leave for murdering minorities. This statement is obviously insulting, inaccurate and completely unsupported by any facts.”

I find the response by the union interesting.  I don’t know much about the history of the Santa Clara police but, while the 49ers now play their home games in Santa Clara, the last I checked they were still the San Francisco 49ers.  The reality is that Mr. Kaepernick’s comments are pretty close to spot-on for the San Francisco Police Department.

In May, San Francisco Police Chief Greg Suhr resigned after a 29-year-old African American identified as Jessica Williams was shot and killed by a San Francisco police sergeant as she allegedly attempted to flee officers in a vehicle they suspected to be stolen.  She was unarmed and there was no indication that she posed a threat to officers when she was shot.

That incident was viewed by Mayor Ed Lee as the last straw.  He said in a statement, “These officer-involved shootings, justified or not, have forced our city to open its eyes to questions of when and how police use lethal force.”

Mayor Lee said police shootings have “shaken and divided our city, and tensions between law enforcement and communities of color that have simmered for too many years have come into full view. … The community is grieving, and I join them in that grief.”

The death of Ms. Williams marked the third individual killed by San Francisco police since last December. The DOJ is currently reviewing the San Francisco Police Department after officers killed Mario Woods in December of last year.

Autopsies showed that Mr. Woods was hit by more than 20 shots.  Police claim that the autopsy corroborated the investigation.  “It is difficult for anyone to watch videos of the shooting. Similarly, it is equally as difficult to read the Medical Examiner’s report,” the statement said. “That said, newly released information in the autopsy report appears to corroborate facts gathered by investigators in the aftermath of this tragic incident.”

And that doesn’t even include the officers who have been implicated in sending racist and homophobic text messages.  In one message from former officer Jason Lai, he made disparaging remarks about African Americans, Latinos, Indians, and LGBT people. In the messages, which are rife with racial and sexual slurs, Mr. Lai compared black people to “barbarians” and “a pack of wild animals on the loose.”

Using a Cantonese slur for blacks, Mr. Lai stated, “Bunch of hock gwais shooting each other. Too bad none of them died. One less to worry about.”

“It is chilling how casually former officer Lai dehumanizes the citizens he was sworn to serve,” SF Public Defender Jeff Adachi said. “He wished violence upon the very people he was being paid to protect and none of his colleagues turned him in.”

Sgt. Yolanda Williams, who was the target of some of the text messages released last year, said a year ago, “We know that this is not an isolated incident. This problem is systemic within the San Francisco Police Department and unfortunately there have been some who have chosen to turn a blind eye.”

We’re supposed to be surprised and appalled when an African American football player decides to protest and makes disparaging comments about the police?  Come on.

Shaun King presents in his column some other scenarios.  “What if NFL players decided to actually stop playing until this nation took our pain seriously? What if people of good conscience decided to stage an economic boycott unlike anything this nation has ever seen before?”

He adds, “What we are doing now is actually the tame, palatable alternative to those things, but it all seems to be too much for you — which is strange because you have said so little about the injustice itself.”

Exactly.  People are more shocked by the form of protest than by the substance of it.  Perhaps they doth protest too much.

—David M. Greenwald reporting

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  • David Greenwald

    Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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91 comments

  1. The next shoe dropping is actually more interesting to me and it is word that the Santa Clara police union saying its officers might stop working San Francisco 49ers home games.

    Guess who’s foot this is?

    http://www.dailywire.com/sites/default/files/styles/article_full/public/uploads/2016/09/colin_kaepernicks_socks.jpg?itok=oCnw9O8n

    Can you really blame the Santa Clara police dept?

    Kaep’s career is going downhill and he’s looking for any attention he can get.

        1. They have a job to do – to protect the public, period. One football player making comments they don’t like is no excuse not to do their job. Sorry. Should police not have to work at BLM protests either? Can protesters simply put up anti-police signs and make sure their demonstrations are police-free? Where do you stop with this?

        2. “They have a job to do – to protect the public, period. ” So they want to protest, which is their right. David it’s not too late for you to go to SC and protect the public. I have a cape you can borrow if you like.  

          Transit workers whose job it is to transport people strike-people need to find a way to get around, waste disposal people strike-and the trash piles up, Why should the cops be different? Canceling a football game is hardly a big deal compared to shutting down mass transit.

        3. Excellent quielo.  Let me pre-load David’s typical response to your logical challenge.

          “It is different with law enforcement.”

          You and I know it is not any different.

  2. “and none of his colleagues turned him in.”

    Systemic lack of civil behavior and hatred toward civilians. Hire people without normal compassion who are, naturally suspicious and have an aggressive personality and these are the cops you get.
    …”which is strange because you have said so little about the injustice itself.”
    Because as long as it isn’t happening to their kids, many white folks don’t want to be bothered.

    Shoot some white college kids and the tone and complexion of the protestors will change.

  3. ““What if NFL players decided to actually stop playing until this nation took our pain seriously?” This is a great idea and I would hope all other professional sports would follow their lead. You may think the playing the Anthem at sporting events is “archaic” while think pro sports themselves are “archaic”. Get rid of all the bums regardless of their political affiliation. 

    I guess I did not get the “sports fan gene”.

    Often a woman I may be involved with will decide to wear one of my shirts to breakfast with me as a public declaration that she woke up at my house and dressed herself out of my closet. When I see guys wearing jersey’s I am always tempted to ask if they are in a sexual relationship with that person and dressed themselves from his closet that morning. Surprising as it may seem to some people on the site I do use discretion and not ask the question.
    Back on topic, not sure why you believe some useless jock has freedom of speech rights while the SC Police do not.  Can you go into more detail on why this is so?

    1. What if NFL players decided to actually stop playing until this nation took our pain seriously?

      What if the fans used their free speech rights and decided not to attend games?  I think things would change rather quickly when all of the overpaid sports figures realized their gravy train was in jeopardy.

      1. “What if the fans used their free speech rights and decided not to attend games?”

        That is an interesting idea.  Someone else might have suggested that all athletes of color  boycott the MLB, NBA and NFL for a season, perhaps starting their own league and marketing it to the media. Those well known acronyms might find themselves a little short handed.

    2. “Back on topic, not sure why you believe some useless jock has freedom of speech rights while the SC Police do not.”

      Cops and pro footballers have rights and responsibilities. Both are paid to do a job. Nowhere in the NFL rule book does it say that  player must stand for the anthem.They get paid to play ball. Cops are paid to protect the public. If they willfully refuse they are derelict in their duty and should be severely disciplined.

        1. Bets on how long it would take to replace the slackers?

          Look, for someone who’s always in the lap of law enforcement,  you are advocating that cops put their personal feelings above their personal code, and, even if they are just attending the game as fans, their duty. I think even you can smell this pile.

        2. It’s their free time, if they wish to make a statement by not working the games that’s their right.  They’re in no way shirking their normal duties.  Taking a knee during the anthem was one thing but wearing socks depicting cops as pigs is way over the top.

        3. Fine, but that’s besides the point.  They have the right to protest and not volunteer  to work the games.  You said it’s a dereliction of their duty, but it’s not their duty.

          I think even you can get this.

        1. In 39 states, the prohibition against public employee strikes is absolute.

          In California, the right is very limited.

          “The state law “allows public employees to go on strike to enforce their collective bargaining demands” they cannot do so if the employees “perform jobs that are essential to public welfare.”

      1. “I will urge the (Santa Clara Police Officers’ Association) leadership to put the safety of our citizens first,” Sellers said. “I will work with both sides to find a solution.  In the meantime, I will ensure we continue to provide a safe environment at Levi’s Stadium.”

        Chief Michael J. Sellers

         

         

        1. Chuckling that all of you are worried about the poor city of Santa Clara and their delapidated, run down old stadium. Can’t imagine where they’ll get the money in Silicon Valley to hire private security.

          Can’t believe the taxpayers have to pay OT to cops for these types of functions. I guess the NFL is too broke to protect their ticket holders.

          Am I missing something? Seriously.

    3. quielo

       not sure why you believe some useless jock has freedom of speech rights while the SC Police do not.  Can you go into more detail on why this is so?

      I would like to try to address this issue. I do not believe that the “useless jock” has any greater freedom of speech rights than do the SC Police. What I do feel is that racist, sexist, and homophobic attitudes should preclude an individual from serving as a member of the police. I will absolutely defend the rights of any individual to (for example) hate me because I am a woman and to express that peacefully and verbally . What I will not support is paying the salary of that individual who is being paid to protect me since I believe that his hatred would prevent him from protecting me to the same extent that he would a male.

      So I have a question for you that I think reflects this issue. Do you believe that a person who stated that they hated the United States of America and all it stands for would make a good candidate for our armed forces ?

       

       

      1. Absolutely not.  In fact, there are a number of oaths and ceremonies required for soldiers.  If you dislike your country then you should be allowed to take a role defending it.

        1. Frankly

          If you dislike your country then you should ( not) be allowed to take a role defending it.”

          I could not agree more. And I also feel that if you feel that humans can be ordered in rank of importance of their lives by color, or gender, or religion…..then you also have no business taking a role in protecting the public. For me, this clearly applies to police such as those who engaged in the hate filled texts that were exposed in the SF investigation and also applied to anyone who defends or trivializes those beliefs.

  4. Biddlin

    Shoot some white college kids and the tone and complexion of the protestors will change.”

    I think that this point is well illustrated by the uproar over the pepper spraying of a largely white group of protesting students on our very own campus not so long ago. That action was defended by a few posters here also, but “went viral” before that was even a common expression. And yet we see the blatant racism and sexism of the San Francisco police department manifested in excessive violence and ( comparatively speaking) barely take note.

    My hat is off to Mr. Kaepernick for his peaceful, measured means of protest which, as was pointed out in a recent interview of a soldier returned from Iraq, he has every right to do. Amongst other comments she said “This is what we were fighting for”.  If a member of our military can understand the importance of our basic rights and be willing to risk her life for them, how is it that we can ignore them because we do not like the words, or in this case, the kneeling ?

  5. Jonny Cash used to do this “bit” at Highwaymen concerts.  He’d say, “The constitution gives everyone free speech, and part of that free speech gives you the right to burn the American Flag”.  The audience, with many conservative-leaning people, would go crazy and people would start boo-ing Johnny loudly, almost in a slow wave of shock.

    “Now, now . . . “, he’d say, totally in control of the chaos.  “The constitution also gives me the right to carry a gun.  And if you burn my flag I’m gonna shoot you!”

    And the crowd went wild.

  6. BP

    Taking a knee during the anthem was one thing but wearing socks depicting cops as pigs is way over the top.”

    How far “over the top” BP ?  Where would you rank this in inappropriateness in comparison to the use of excessive force leading to the death of an unarmed individual ? How would you rank it in comparison to the vile comments regarding race, gender, and sexual preference coming from the San Francisco police whose job it is to protect the lives of those individuals as well as those of whom they appear to approve, namely white or Asian, male, heterosexuals ? When answering, please remember that Kaepernick’s job is to play ball. The job of the police is to protect lives.

    By the way, I agree with you that the police have every right not to volunteer to serve as security at 49 er games. I think that it is a silly, self destructive and needlessly adversarial response to the non violent actions of a single player. But, I will absolutely defend it as their right.

    1. I honestly wonder if BP considered the Tea Party protests of Obama over the top. Im talking about the highly racist posters one would see at those protests. Or if he supported officer Pike. Or how often he would scream freedom of speech whenever a conservative Trump supporter says something racist. Or is it that he simply is ok with political speech he agrees with, and not OK with what he does not.

      1. I wonder if Sean would be supportive if a white NFL player decided not to stand for the anthem in protest over the damage he felt Obama has done to our nation?  I wonder if he would also say the police still must work the game even though they want to protest because they don’t stand with that player.  Or is it that Sean simply is ok with political speech he agrees with, and not OK with what he does not.

        1. Not speaking for Sean, but for myself, my view would be, I wouldn’t give a crap if he decided not to stand, it certainly wouldn’t offend me. I wouldn’t agree with him. But by creating this counter-narrative, it seems to me that you are not disagreeing with his form of protest, but rather with the content of that protest. That’s very interesting because it goes against the narrative of opposition that we have heard so far.

        2. Not so, where have I stated that Kaep didn’t have the right to protest.  What I have stated is the off duty cops also have the right to their free speech and not work the game.   It’s you and some others who feel the cops shouldn’t be able to protest.

          1. “It’s you and some others who feel the cops shouldn’t be able to protest.”

            Actually what I said said is that they should protest, remove the “be able to”

  7. The Santa Clara Police department is willing to risk the safety of people who enter their town to attend a game, because someone won’t stand when the National Anthem is being played?  It seems minimumly petty and maybe a reflection of how poorly we educate our citizens about our history and defining principles.  They need to take the high road, but they’ve chosen the low one.

    1. How hard is this for everyone to understand? It is not a Santa Clara Police officers job to work a 49er game. They work them on their days off and volunteer. They are hired by the team to work the game (and paid through their employer) It is not a requirement, it is not a dereliction of duty if they do not volunteer, it is not a work assignment. They can all freely choose to spend their Sundays doing something else. Is a teacher not doing their job when they spend the summer at the beach instead of teaching summer school?

        1. If they are that sensitive to criticism, they probably aren’t fit to carry a badge or gun.

          All this criticism and protest would dissolve if they’d stop shooting and killing so many people. (790 in 2016, as of this posting) Cops are the most deadly gang on America’s streets, by a long shot.

        2. So all the different police departments in cities all over the country are considered one single gang but all the gangs in these same cities are to be considered separate?

          OK, got it.