NFL players who kneel during national anthem protected under federal law
Professional athletes who participate in peaceful protest during the national anthem may be protected under federal law, KTAR's legal analyst said.
Members of the San Francisco 49ers kneel during the national anthem as others stand during the first half of an NFL football game against the Arizona Cardinals, Sunday, Oct. 1, 2017, in Glendale, Ariz. (AP Photo/Rick Scuteri)
(AP Photo/Rick Scuteri)
PHOENIX — The issue of whether professional athletes have the right to peacefully protest during the national anthem has dominated headlines lately, but the athletes may be protected under a federal law.
President Donald Trump has called on owners of NFL teams to fire players who kneel during the anthem, sparking NFL Commissioner Roger Goodell to send a letter to all 32 football teams saying “everyone should stand for the national anthem.”
But the players could be protected under the federal labor law, according to KTAR News 92.3 FM’s legal analyst Monica Lindstrom.
In order to be protected under federal labor law, Lindstrom said the players must be conducted together with their co-workers, must act appropriately and there must be some relevance to their job.
“If you notice, it’s not just one player kneeling at the football games, it’s several,” she added.
Trump first publicly addressed the issue as president during a campaign rally in Alabama in September.
At the time, only six players in the league took part in a silent protest during the anthem. But after Trump made his comments, more than 200 players participated in a silent protest that players said addressed racial injustice.
Because the players are protesting during the job and with each other, the protests are relevant to their job because of Trump’s comments and are appropriate and non-violent, the federal law could protect them, Lindstrom said.
Furthermore, she added, the players have a right to kneel because the Collective Bargaining Agreement, an agreement between the players and owners, does not say that they cannot.
But if Goodell tries to suspend, fine or impose some other kind of discipline for players who participate in the peaceful protest, Lindstrom said the players could take their fight to court.
“Should that occur, then the players will look to the CBA, then they’ll also look at federal labor to show that the employers do not have the right to do this,” she said. “That’s when we might see it appear in court.”
Related
More than 20 unaccounted for after flash flooding at Grand Canyon
Closure of northbound SR 51 extended for pavement improvement project
Man dead after chain reaction crash involving 3 vehicles in west Phoenix
Child dies after rollover golf cart crash near Anthem
Flood watch in effect as storms, rain expected to hit Valley
Grand Canyon Education CFO placed on administrative leave amid stock probe
Comments
88 Comments
Heavily. Along with cities and states pouring money into their stadiums. That may change now.
Dave O's brain is locked in the kneeling position.
"Exercising some professionalism" is specific? That's totally vague and meaningless.
There is no police procedure that calls for shooting the Daniel Shavers or Marty Attencios of the world. There are, however, millions of police vs. public, police vs. criminal encounters every month that are all individual unrelated incidents, many involving split second life or death decisions. Once in a while something goes wrong. That happens everywhere in every profession. There's no way to stop it. A gaggle of misinformed football players insulting the anthem isn't going to change anything. Ever.
How about a statement from the families of the five cops killed in Dallas if you want to play that stupid game? Or the police officers killed in Louisiana? Or any police officer shot and killed anywhere? Where's your snowflake concern for their lives?
As for your examples, virtually all of the cases the BLM movement screamed about had their day in court and the police officers were found to have acted rightfully by the book.