I can’t believe that the debate around this is even an issue – it’s really got people fired up. Over the past few weeks, the National Football League (NFL) has received public backlash over their decision to potentially fire players for protesting during the anthem. What these protests are about are human rights issues such as racial inequality, police brutality, and gun violence. But, can the NFL legally fire players for taking a stand?
The answer is a bit complicated. Firstly, NFL players are considered to be ‘at-will’ employees and the NFL is a private employer. This means that the team owners have the right to terminate players for any reason. However, the team owners’ actions can still be considered illegal if the termination was done in violation of human rights, labor laws, or any other employee protections. Second, the protests itself present a very gray area. NFL players are technically on the clock during the national anthem, so any form of protest could be considered as “conduct unbecoming of a professional” and therefore punishable.
It’s incredibly important to remember that the protests are not about desecrating or disrespecting the flag or anthem. Rather, the protests are about bringing attention to systemic issues of racial inequality, police brutality and gun violence that African-Americans have been dealing with for far too long. In my opinion, freedom of expression is a fundamental right that should be respected, though I understand why people are against the protests.
In terms of the legality of the NFL’s decision to fire players, the law is on their side. The First Amendment protects the right to freedom of speech and the NFL is a private company, so they don’t have to abide by the same regulations that a state or federal agency would. That being said, NFL teams and owners won’t be completely without play on this issue. Even if the players can’t be legally fired for participating in the protests, the team owners can still “intervene” and fine them, or force them to take part in team-sanctioned activities.
This puts us in an uncomfortable position when it comes to our rights of freedom of speech and expression. While NFL teams and owners are within their rights to intervene, this is also a blatant disregard for the individual freedoms of their players. It’s a slippery slope – if teams are allowed unlimited power to reprimand players for expressing their beliefs, then that power could be abused and used to stifle dissent from other players as well.
There’s also an economic effect to consider – if NFL teams start firing their star players, we’re likely to see viewership and popularity decline. The NFL has always been a beacon of unity and patriotism, and if teams become too heavy-handed with their approach to protests we could also see sponsors and advertisers pull away from the league.
Overall, I think the NFL is doing a great job of balancing the right of the players to express themselves while trying to avoid backlash from fans and sponsors. The protests are about important social and political issues and should be respected, however, the league must also recognize that it is a business and protecting the economic success of the league is a priority.