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DO I HAVE A CASE?

Standing During the National Anthem

I am just going to start with one of those before-and-after pictures:

 

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I just wanted to insert that first picture, because I keep seeing “human” pictures like that on Facebook; and a dog picture really makes me smile.

Which leads me on to a more serious topic for the blog. What do you think about players not standing for the National Anthem? With the NFL season starting tonight, I am sure that we will see someone this weekend who decides not to stand. Honestly, it gets me kind of riled up. But I know there are those who disagree.

On that topic, here is what the Kansas City Chiefs owner has advised his organization:

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Now what do you think of that?

You won’t see this as an issue in the NBA. When the most recent collective bargaining agreement was entered into between the owners and the NBA players, it became a contract issue that all the players would stand for the National Anthem. So, not an issue in the NBA.

I suspect that during the next NFL negotiation, that this will become part of the negotiation. No longer a first amendment issue. Instead, a contract issue. However, it is worth noting some case law on the question of whether someone has the right not to stand.

Let’s turn to something similar. A failure to stand during the Pledge of Allegiance. In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that requiring students to stand for the Pledge of Allegiance in public schools violated the First and Fourteenth Amendments.

In public schools, the Supreme Court said that you could not make students stand. In the NFL, there is no rule requiring players to stand for the National Anthem. On the flip side, no one has said that employment law requires an owner to employ a player who will not stand. So, while the NFL has not come out with an official position, something like a statement from an owner like the Chiefs owner will have the following consequence… I bet no one sits during the Chiefs game.  What do you think?

And for pic o’ day, life is about being there for your friends. Right?

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