National anthem protests at sports events became an issue when then-San Francisco 49ers quarterback Colin Kaepernick began kneeling in 2016 in a show of solidarity with the Black Lives Matter movement. The movement brought valuable attention to police killings of unarmed African-Americans. Kaepernick stated that he began the protest in light of the historic and continued mistreatment of people of color. Moreover, he explained:
“This stand wasn’t for me. This is because I’m seeing things happen to people that don’t have a voice, people that don’t have a platform to talk and have their voices heard, and effect change. So I’m in the position where I can do that, and I’m going to do that for people that can’t.”
Recently, President Donald Trump has called on NFL owners to fire the “sons of b—–s” who protest, because it disrespects the country, soldiers and the flag. At Lucas Oil Stadium here in Indianapolis, fans have loudly booed these protests. Beyond the NFL, football players in college and even younger have begun to kneel in protest. The NFL has not formally taken action against any players, but some colleges and secondary schools have removed players from teams or prohibited them from playing because of their protests. Some NFL coaches and players have even protested together. Recently, the NFL has called for the creation of a uniform policy by teams that honors the flag but has still not mandated standing. Jerry Jones, the owner of the Dallas Cowboys, however, has threatened to prohibit anyone protesting from playing. The protests and the harsh responses reveal unspoken rules and realities about America.
The clearly spoken rule of American society is that it allows and values non-disruptive protests. Freedom of speech, as a fundamental principle, is widely known and encouraged in our society. This is an important value in our country that is and should be celebrated! It is something for which I am very thankful. In many parts of the world, protest is not tolerated. Violent reprisal as well as incarceration and death are typical responses to protests in many places. This rule that we respect non-disruptive expressions of individuals and non-hateful views and opinions is at the heart of American democracy.
There is also a clearly unspoken rule in America: Oppressed and subordinated groups should not complain or protest about their experiences. This is especially true when those protests force direct national attention to deep social injustices. The civil rights movement’s success was built around this unspoken rule. The brutality used against movement activists for their peaceful protests was met by violent retaliation and punishment. Besides being beaten, students were kicked out of school and workers were fired for peacefully exercising their freedom of speech.
Sadly, the unspoken rule is older than the spoken rule. Although the framers of the United States Constitution prioritized free speech above all other amendments, it did not apply to Black people or women challenging their oppression. Contesting the social hierarchy meant getting out of your place and was routinely met with a violent response. That rule was extended to Latinos and Asians in the years that followed and still plagues us today. Insulting players and punishing them for raising awareness to longstanding social problems is not about the flag but about reinforcing the social order. The harsh talk and punishment of these protesters for many comes from the same place that the beatings and arrests during the civil rights movement arose — keeping African-Americans in their place.
As Colin Kaepernick’s quote shows, his motivation was to give voice or speech to those who were silenced. The reality is that many people are deeply invested in American racial inequality and want those silent voices to stay that way. They do not want to hear speech that challenges their dominance and racial privilege. And they especially do not want to hear it from people who are about to perform for their pleasure. President Trump entered this debate to reinforce dominance and protect white privilege, not to protect the flag from protesters.
I am grateful to Colin Kaepernick and all of the athletes who have stood up by kneeling during the anthem. They are reminding us of the most important reality: Silently accepting racial injustice and mistreatment keeps the peace and the oppression in place. All of us who believe in social justice need to keep breaking unspoken rules to shed light on the reality of racial injustice.
Carlton Waterhouse is a professor of law and Dean’s Fellow at the Indiana University Robert H. McKinney School of Law.
