NFL Will Punish Anthem-Kneeling
May 23rd, 2018
It’s not just massive changes to blocking in the trenches and Joel Glazer chatter coming out of the NFL Owners Meetings this week in Atlanta.
The NFL has adopted a policy change regarding approved behavior during the playing of the national anthem before games.
Simply stated, either players can stay in the locker room or out of the public eye during the anthem — and do as they wish — or they can be on the field. But if they’re on the field, they must “stand and show respect” for the anthem or face discipline.
Below are the key components of the statement from the NFL.
The 32 member clubs of the National Football League have reaffirmed their strong commitment to work alongside our players to strengthen our communities and advance social justice. The unique platform that we have created is unprecedented in its scope, and will provide extraordinary resources in support of programs to promote positive social change in our communities.
The membership also strongly believes that:
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All team and league personnel on the field shall stand and show respect for the flag and the Anthem.
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The Game Operations Manual will be revised to remove the requirement that all players be on the field for the Anthem.
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Personnel who choose not to stand for the Anthem may stay in the locker room or in a similar location off the field until after the Anthem has been performed.
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A club will be fined by the League if its personnel are on the field and do not stand and show respect for the flag and the Anthem.
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Each club may develop its own work rules, consistent with the above principles, regarding its personnel who do not stand and show respect for the flag and the Anthem.
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The Commissioner will impose appropriate discipline on league personnel who do not stand and show respect for the flag and the Anthem.
Hopefully, this ends the anthem-related demonstrations. There are limitless opportunities for players to be seen and heard before and after games. They certainly have the money and the media attention to raise awareness to social issues or anything else effectively during those times.
May 23rd, 2018 at 1:20 pm
Well at least they gave the players an option. Stay in the locker room and come out after the anthem or stand on the field. This gives everybody a way out. Pretty fair if you ask me.
May 23rd, 2018 at 1:25 pm
yes.. i think that should work for everybody . im glad the gave the players an option
May 23rd, 2018 at 1:31 pm
Oh…I am quiet sure there will be symbolic protest gestures by the players on the field…this ain’t going away….it will expand….
May 23rd, 2018 at 1:34 pm
Very fair rule from the King Goodell!!!!!!! Though rumor had been if they “hid” in the locker room that they would have been paid in mexican pesos, instead of American Dollars!!!!!!!!
GO America
And GO Bucs!!!!!!!!!!!!!!!!!
May 23rd, 2018 at 1:37 pm
King Cheeto will still be aping over this
May 23rd, 2018 at 1:37 pm
👀
May 23rd, 2018 at 1:42 pm
This says the individual team has the right to discipline the player. Not all owners may want to discipline their player for kneeling/protesting. I would not play for an owner who took my constitutional right away. There is no constitutional law that says you must stand. What if they stand but turn their backs to the flag? The nfl was stupid for touching this.
May 23rd, 2018 at 1:43 pm
Bout damn time
May 23rd, 2018 at 1:45 pm
I remember seeing in the 90’s some players were kneeling during the anthem. Wasn’t a big deal then.
May 23rd, 2018 at 1:45 pm
No more pissing on the graves of American troops, right Joe?
May 23rd, 2018 at 1:47 pm
@ Webster
…….and you’re stupid thinking you can “go to work and not follow work guidelines and rules”
They’re paid……meaning they are employed
Rules are rules
…..if they don’t like it……then go protest in another sports league
May 23rd, 2018 at 1:48 pm
Agree that this will and should expand the anthem protests. For some reason all the other opportunities they have to raise awareness, don’t make as much news as when it’s done during the anthem.
May 23rd, 2018 at 1:48 pm
@Joe
Now that this is in the open and the wrong has been turn to a right!!!! Will you know investigate the rumor that the Bucs fought and argued well into the night at the team hotel before the Minnesota Vikings game of how to protest, or not protest from the POTUS statements that now reflect the new current rules!!!!!
I know why local media would not want to touch this story!!!! But now the truth shall emerge!!!!!!!!
GO America!!!!!!!!!
And GO BUCS!!!!!!!!!!!!!!!!!!
May 23rd, 2018 at 1:50 pm
I don’t agree with this. This allows the owners to hide from the initial fact as most of America has hid from. It is police brutality not disrespecting the flag, now you will be fined if you don’t stand is just ridiculous. Owners/NFL called themselves agreeing to fund programs but it still doesn’t do anything to racial profiling and things of that nature and better yet blackballing Collin Kaepernick.
May 23rd, 2018 at 1:52 pm
@Webster
Turning your back would be under rule #1 and would be dealt with accordingly!!!!!!
They should allocate a space for those that disrespected the flag,,,errrr I mean anthem protesters a place the can kneel,,,,, How about in front of the urinals???????
GO America!!!!!!!!!!
And GO BUCS!!!!!!!!!!!!!!!
May 23rd, 2018 at 1:54 pm
As I’ve said all along, this is not a free speech issue, this is a workplace expression issue. The employer has the right to establish workplace rules. Players are welcome to exercise their free speech on their own time and place (non NFL)….
The NFL should have been on top of this issue long before now but at least they have finally addressed it correctly (IMO)
May 23rd, 2018 at 1:58 pm
Players have the right not to stand. They also have the right to get a job at UPS, pay for tickets and sit during the anthem after no one signs them.
If you don’t think so, ask Kap and Reid. I’m sure they have time to take your phone calls.
May 23rd, 2018 at 1:58 pm
I’ve always seen it as you have as much freedom at work as your boss allows you to have. If you don’t like rules that are imposed at your job, you have the right to not work there. It didn’t bother me that much when the players took a knee, I saw it as them using their freedom of speech/ expression, and there was no rule against it. The NFL chose to let them do it. Personally I wish everyone would stand but I’ve seen half the stadium sitting because they are too lazy to stand before all this started and no one blew a gasket over that, but once again it comes back to you aren’t required to stand, so to each his own. Now there is a rule for the players, they need to follow it. If they don’t like it they can go work elsewhere. Letting them stay in the back for the anthem was the best thing they could have done. You represent your employer when you are working, they make the rules. You do not have freedom of speech at work, go call your boss an idiot and see what happens.
May 23rd, 2018 at 1:59 pm
@ buc anthem
And you are stupid because this is a new rule. It wasnt before. Hypocrite white people like you talk about respecting the military when you voted for a man who clearly disrepected a war hero and families of fallen soldiers. I attend an irish sports bar for lightning games and not one white person stands during the national anthem. Hypocrite. You have the problem but hypocrites get whats coming to them. Trying to change the narrative of social injustice to a hypocritical military hate is the very reason why this country is so messed up. But go ahead and applaud a victory for being a hypocrite patriot. The nfl should not have touched this because only the hypocrites had a problem.
May 23rd, 2018 at 2:00 pm
All you hypocrite fake white patriots are hillarious.
May 23rd, 2018 at 2:02 pm
Good glad I stream every game anyways so I get it free and I cut my other team football watching nearly 90% last year now this gives me more of a reason not to watch any other football other then the bucs on my free streams so the NFL gets no money from me at all. Good job Goodell thank you. I like free speech not this fake free speech crap depending on what you look like by what the white masses think you should do and think. Lol no money from me NFL.
May 23rd, 2018 at 2:03 pm
Obviously Webster has never owned his/her own business.
May 23rd, 2018 at 2:04 pm
Wow webster near realized what an angry person you are. I’m impressed you can see who is white and black on a message board. Neat skill. Are you an member of the X Men?
May 23rd, 2018 at 2:05 pm
Not a bad solution. We won’t have to watch the flag burners hate on the country, but at the same time we’ll know who the traitors are. Sports talk radio will probably still talk constantly about it though. It ruined sports talk radio more than it ruined the game
May 23rd, 2018 at 2:09 pm
@ scbuc
Yes i am an angry person when i see cops called on black vacationers leaving an air bnb just for being black. Yes i am angry when blacks try to inform this country about the social injustice/racism the hypocrites turned it into a flag issue. Yes i am angry. And you can tell the color based on the comments. You see those whites who understand/support the reason for kneeling do not post hypocritical stuff. Thats how you can tell what a person color is.
May 23rd, 2018 at 2:10 pm
Wow. I didn’t think this would make my great day into a perfect day but watching Webster melt down has made this all worth it. Haters gonna hate
May 23rd, 2018 at 2:10 pm
Score one for the good guys. This shouldn’t have taken two years it should have been handled in two weeks. I actually think this should encourage players who don’t agree to do more to raise awareness off the field and that’s a good thing. Like any other work place, or the real world that non-NFL players live in, you don’t like it-there’s the door.
May 23rd, 2018 at 2:12 pm
Really Chodelooper?
“Flag burners” and “traitors”?
Are you mimicking the likes of a triggered melting snowflake drinking Starbucks at a #metoo feminist rally in a safe space with Joy Behar?
You are just the same, a pathetic sensationalist
May 23rd, 2018 at 2:13 pm
Webster you can tell color based on comments? Good for you. Because, as we all know, all white people think alike and all black people think alike. Oh wait, that’s kind of racist, isn’t it?
May 23rd, 2018 at 2:13 pm
@ clod
Name one player that burned the flag. You cant so that makes you lying white hypocritical patriot. But thats not a suprise because those cut from your cloth have adopted this new term called alternative facts. You know like changing the narrative of social injustice to disrespecting the flag.
May 23rd, 2018 at 2:13 pm
@ Webster
I am a retired military veteran
…..been in Afghanistan. …lost people…and served with best
…..and no I am not white either
Judging by your words in your response just shows how ignorant you truly are.
May 23rd, 2018 at 2:14 pm
I think the anthem should not be televised. Or keep all players and staff in the locker room until the anthem is over, then do a team and player introduction and the start of the game.
Some players warm up and stretch during the anthem. Heck even some kickers are at the kicking net kicking. Heck how are injured players with leg issues going to be govern with this rule.
May 23rd, 2018 at 2:14 pm
Rhonda,
Don’t care what you say, Natasha.
May 23rd, 2018 at 2:16 pm
Scbuc
You clearly dont know what racism is. 2nd not once did i say all white people think a like. I clearly wrote that the white people who understand and support the kneelers do not write like you hypocrite. So clearly thats not saying all whites think alike. Nice try hypocrite.
May 23rd, 2018 at 2:16 pm
I hope every last player on the field takes a knee and dares the NFL/owners to suspend or fine them for not participating in the NFLs shameless effort to wrap itself in the flag and promote the mindless jingoism that afflicts most of this country. Employers should not be allowed to dictate freedom of speech or expression. Those aren’t the values I swore to uphold when I took an oath. – An honorably discharged veteran.
May 23rd, 2018 at 2:17 pm
Web toes,
Ever heard of a metaphor? Probably not. Hard to learn things when you obsessed with hatin the man
May 23rd, 2018 at 2:19 pm
@ bucanthem
Thanks for your service but you dont speak for everyone in the military. I have family members in the military and they support the kneelers. I have seen many white military support the kneelers. So no, you are the ignorant one to think you speak for the entire military.
May 23rd, 2018 at 2:19 pm
@ Webster
Seriously, enough with the “white people” comments. I hate to be on your side of this issue when you’re hurling such nonsense. There are many white people that will stand or kneel with you. Don’t feed the trolls with your color insults, that’s very Trumpian of you.
May 23rd, 2018 at 2:22 pm
@ clod
Ever heard of lying? Ever heard of pushing false narratives so much that idiots start believing it. Excuse me if i dont play those games of tossing out false statements as it relates to these atheletes. You can play those games with your friends at the alternative facts rally.
May 23rd, 2018 at 2:24 pm
@ Webster & Clod
You guys should take this to the bathroom stall and sword fight. Then the loser can kneel and the other can stand. Or vice-versa.
May 23rd, 2018 at 2:25 pm
webster you have no idea whether I support what the kneelers believe in, I just said it was a workplace issue. But go on believing your not racist. Truthfully, after reading you posts, I just feel sorry for you.
May 23rd, 2018 at 2:26 pm
Damn…..What would Kaperknak do now if someone put him on their team? Bet in hindsight he wishes he hadn’t taken his stand or kneel!!! Great rule as I see it!! Now they have a choice it just won’t have to be seen if they choose not to stand and Pledge their Allegiance.
May 23rd, 2018 at 2:27 pm
I think 90% of us would get the axe if we made our workplace a forum for making political statements and other demonstrations on company time. Heck.. telus made some statement supporting the carbon tax here in Alberta and caused a big uproar. They retracted that statement very quickly as they lost many customers… nfl has their own image to uphold and American citizens are their customers.
May 23rd, 2018 at 2:27 pm
Just as I thought. You don’t know what a metaphor is. Maybe you should your days improving yourself instead of spending the whole day hating whitey
Fat dumb and stupid is no way to go though life
May 23rd, 2018 at 2:27 pm
Let me ask you a question webby – would you be OK if Big Ben came out waving a confederate flag? After all, free speech and all, he’s free to express himself no matter what the Rooney’s say.
May 23rd, 2018 at 2:28 pm
Have another swing of Vodka, Boris
May 23rd, 2018 at 2:29 pm
@ Webster
“All you hypocrite fake white patriots are hillarious.”
Segregating (calling people by race color) will continue to keep us segregated.
Also, nobody took away a constitutional right. They’re not forced to do anything. They can walk off the field, get in their car and drive to another job that lets them kneel
PS. I’m not white
May 23rd, 2018 at 2:32 pm
To those arguing free speech— even though I agree with you, the NFL is in fact an employer and can make whatever rules they want.
However, the NFL should have just left it alone IMO. No one was really even talking about it any more besides the faux outrage talking heads over at Faux News and their brainwashed snowflake supporters like chodehopper.
Metaphor? lol nah you’re just full of chit, per usual.
May 23rd, 2018 at 2:33 pm
@Clodhopper:
I think the line is “Fat, drunk and stupid is no way to go through life Son”
-Animal House
One of the greatest movies of all time
May 23rd, 2018 at 2:36 pm
TAMPA town
Well I sure as hell wasnt gonna call Webster “son” lol
May 23rd, 2018 at 2:36 pm
Can’t we all just get along? Let’s keep it civil please
May 23rd, 2018 at 2:37 pm
@ scbuc
First of all i have many white friends. I meet up with them for the hockey games. And now they understand what i am talking about. Not one white person stands during the national anthem at the bars we frequent. There is no rule or law that you have to stand. As for big ben and the confederate flag, who cares? We have states who fly that flag on their court houses. I see people with that flag on their truck, hat, shirt, walllet etc. If big ben believes in the traitors flag who opposed the united states then so be it. I am sure there is a football player that has a confederate flag. I could care less. What i do care about is a black student getting a cop called on her for sleeping while black.
May 23rd, 2018 at 2:38 pm
Clodhopper,
One white guy to another white guy. Dean Wormer is representative of all liberals. No one is allowed to have any fun!!
May 23rd, 2018 at 2:40 pm
This seems reasonable. But Dan Patrick had an interesting take this morning. What if two buddies on teams that are playing each other decide to go out with the team and then kneel. What happens then? There will be offsetting penalties. Seemingly nullifying the reason for the rule in the first place. Will be interesting to see if that happens.
May 23rd, 2018 at 2:41 pm
Nice to see webster working so hard to replace bonzi as the most ignorant visitor to this site. Keep it up. Nothing more is more
entertaining than reading comments from the ignorant on adult topics. Thank you all.
May 23rd, 2018 at 2:43 pm
As a proud vet, I refuse to get caught up in the race thing. Seen many a different..skin colored men die for this country. They all were patriots. I don’t like everything people say..they stand for in our country. Hell, I don’t even care for my commander in chief. But having been to and seen how folk live in a plethera of countries..we still the best..despite our differences. People have a right to protest. And give the NFl credit. they are giving players an option. That more than a lot of us get with our employment companies. Our flag still..stands for something.
May 23rd, 2018 at 2:44 pm
Stalking? It’s a comment section. Don’t be such a snowflake.
And yes, when you post a bunch of made-up hypocritical bull, I’m gonna call you out on it.
Feel free to leave if you don’t like it.
May 23rd, 2018 at 2:46 pm
If the president says if they kneel they should be fired. Isn’t that an infringement on your 1st amendment rights?
May 23rd, 2018 at 2:46 pm
TampaTown
Lol. That’s a perfect metaphor
May 23rd, 2018 at 2:48 pm
Ok. You’re right. Go ahead and comment. But this the last I’ll talk to you, good day
May 23rd, 2018 at 2:52 pm
See guys this is what you learn when you not parrot for fnc.
As the recent court decision in Mendenhall v. Hanesbrands explains, an athlete hired to a contract for a term of years cannot simply be fired for exercising political speech unless exercising that speech violates the terms of the underlying contract. If an NFL team wishes to “fire” a player for not standing for the national anthem (in the sense of “fire” that means not paying the player for the remainder of his contract), the team would have to show that the player’s conduct violated the morals clause in the league’s standard player agreement.
So again the whole protest on your time, employer employee relationship is misguided, disingenuous and without all the facts. But I know that’s how ya role. Whatever you feel is right regardless of facts. #Murica
Fired and punished are two very different animals. –Joe
May 23rd, 2018 at 2:52 pm
I like how some think that they are the only ones who get harassed or have problems!!!!! Just a couple of weeks ago, I was crossing the street to walk the dogs in one of St Petersburg great parks!!! When I made it to the park a cop rushed up to me!!! I was startled!!!!! He asked why I did not hit the button on the new pedestrian crosswalk signal!!! He then handed me a flyer on St. Pete’s new initiative to make pedestrian safer in this city!!!!!! See Webster, we all get harassed!!!!!
And do you not think we don’t have problems?????? We have to put gas in our boats and SUV’s!!!!!! Do you not think that our fancy espresso machine’s don’t break!!!!!! They don’t have those on the selves man!!!! I had to wait almost a week to get a new one from Milan Italy!!!!!!!!!!
I would like to think that humans in america can come up with a platform that can bring attention to a cause ( and the NFL has many causes that they are involved in and bring much attention too without, disrespecting others!!! Its so simple!!!!!!!!
Go America
AND GO Bucs!!!!!!!!!!
May 23rd, 2018 at 2:53 pm
DB55.. No thats not an infringement because we all know this president has some..mental issues.
May 23rd, 2018 at 2:57 pm
Unless a judge rules that kneeling poses a detrimental threat to the integrity of the nfl I don’t see where they can enforce this policy. Bc kneeling doesn’t break any of the personal conduct policies listed currently.
May 23rd, 2018 at 2:59 pm
DB
He didn’t say they should be fired. Maybe you should watch more FNC so you get the quote right
May 23rd, 2018 at 3:01 pm
@DB55
I would imagine that it would fall under the all encompassing ” detrimental to the league” umbrella!!!!!!
“All persons associated with the NFL are required to avoid “conduct detrimental to the integrity of and public confidence in the National Football League.” This requirement applies to players, coaches, other team employees, owners, game officials and all others privileged to work in the National Football League”
public confidence would be the main infraction of breaking the rule as now the numbers are in how it effected the league!!!!
GO America!!!!!!!!!!
AND GO Bucs!!!!!!!!!!!!
May 23rd, 2018 at 3:02 pm
Clod
There’s always a tweet. I love how simple you people are.
https://twitter.com/realdonaldtrump/status/911904261553950720
May 23rd, 2018 at 3:03 pm
clod
If NFL fans refuse to go to games until players stop disrespecting our Flag & Country, you will see change take place fast. Fire or suspend!” Trump tweeted
May 23rd, 2018 at 3:04 pm
@ reality
The only fools are people like you who are cool with people getting killed in the streets by police and dont care. But you are probably cool with seeing this kids at schools too. Hey no need to do nothing about that either.
May 23rd, 2018 at 3:04 pm
Real
I think ultimately a judge would have to decide
May 23rd, 2018 at 3:05 pm
I got 3 comments in mod.
May 23rd, 2018 at 3:05 pm
Webster
Preach brother preach.
May 23rd, 2018 at 3:12 pm
Realist
Google – man arrested for jaywalking and tell me what you see. Then repost that we all get harassed bs.
May 23rd, 2018 at 3:12 pm
@DB55
first the NFLPA would have to challenge the new rules, I am pretty sure that it would then go to arbitration, then can be appealed to a Judge!!!! So Ultimately yes, a judge would be the final say!!! If the flag insulters want to take it that far for their terrible way to bring attention to something by disrespecting others!!!!!
Or instead of wasting all that money to lawyers, stand up together like Americans!!!! Use that money to keep crossing those barriers, and keep their high profile Jobs as a platform to reach both sides!!!!!
GO Bucs!!!!!!
May 23rd, 2018 at 3:14 pm
Man who cares about the anthem. I wish we as Americans we would care about each other like the people who care about the anthem.
May 23rd, 2018 at 3:18 pm
@DB55
That is why I always walk on the crosswalk!!!!! I just did not hit the button that makes the fancy flashy lights go on!!!!!! And second, where is the whole video!!!!! I want to see the part where they do not follow the cops instructions and start yelling combatively that “I know my rights”!!!!!!! That is not the american way!!!!! you are supposed to be quite and comply, then you hire a good lawyer and problem solved!!!! Didn’t OJ show you the way????????
GO America
And GO Bucs!!!!!!!!!!!!!
May 23rd, 2018 at 3:20 pm
One more point about the kneeling being determental the the business itself. Revenues are rising so…..
http://www.businessinsider.com/nfl-ad-revenue-rises-amid-ratings-decline-2017-12
May 23rd, 2018 at 3:20 pm
WEBSTER
I agree…..
wise man once told me, don’t argue with fools because people from a distance cant tell who is who……
#NOEXCUSESIN2018!!!!!….#PRESSURESONTHECOACHES!!!!…GO BUCS!!!!
May 23rd, 2018 at 3:20 pm
@ oneilbucs
Exactly. They want to call me a racist for pointing out whats going on. But many do not even care about the kids getting killed in schools. Breaks my heart every time. I can’t imagine the grief these parents go through.
May 23rd, 2018 at 3:22 pm
Jarrod Moultrie
May 23rd, 2018 at 3:23 pm
@DB- you’re trying to use facts with him? cmon on bro, you know better than that 😂😂
45’s exact words were literally “fire or suspend”. Word for word. Yet you’ve still got these idiots claiming he didn’t say that. It’s unreal.
I’m pretty sure realist is just clowning you with his ‘crosswalk harassment’ story
May 23rd, 2018 at 3:23 pm
obviously, this rule was put in place to satisfy a select few…..sad but true…..
but what its actually doing is black balling the players…..players will stay in the locker room then get black balled…..
now the media will have a field day…..after each game the media will be in players faces asking why didn’t they come out as if they don’t know why and were surprise…..
#NOEXCUSESIN2018!!!!!….#PRESSURESONTHECOACHES!!!!…GO BUCS!!!!
May 23rd, 2018 at 3:27 pm
@ db55
You see how the realist want to minimize the travesty of the jaywalker by saying he walks in the cross walk? What did they say about the snakes? Realist tell how do leave an air bnb without having the police called on you? Tell how do you sleep without having the cops called on you? How do you move into your apartment without having the cops called on you? You know how? Its called not being a POC.
May 23rd, 2018 at 3:27 pm
Steven007,
What if two buddies on teams that are playing each other decide to go out with the team and then kneel. What happens then? There will be offsetting penalties. Seemingly nullifying the reason for the rule in the first place. Will be interesting to see if that happens.
—————————————————————
I’m not sure I’m following your logic here.
What offsetting penalties are you talking about?
I only read about fines being handed out not actual penalties.
Maybe I read it wrong.
May 23rd, 2018 at 3:34 pm
this rule is a joke!!!!….lol….fining players wont help!!!!….they get fined for illegal hits….players will still clean your clock….lol….
if anything, the nfl has made it worse….players will unite…..they’ll still find a way to kneel on the field……
“yall” don’t get it!!!!!!…and never will!!!!!
#NOEXCUSESIN2018!!!!!….#PRESSURESONTHECOACHES!!!!…GO BUCS!!!!
May 23rd, 2018 at 3:36 pm
Clodhopper Says:
May 23rd, 2018 at 3:22 pm
Jarrod Moultrie
————
Iowa, we can go tic for tac. You’ll lose this argument too. I’ll even spot you Sherita Dixon-Cole. Lmk…
May 23rd, 2018 at 3:37 pm
Webster: Why is this so hard to understand? I doubt you can find one American that has a problem with protesting against racism and inequality or any injustice.
However, you are not afforded the right to protest on someone else’s dime. It’s really simple. All of the players can participate in any protest at any time while not at work. They can actually use their power as public figures to bring attention to whatever cause they want.
May 23rd, 2018 at 3:38 pm
Here ya go, it’s some lawyer speak in certain areas but seems like the NFL could be looking at future lawsuits, imo…
Freedom Of Speech In The Workplace, The First Amendment Revisited:
One question that frequently comes up during a discussion of employment law issues is whether employees have freedom of speech in the workplace. The answer depends on whether the employer is a public or private entity, the type of speech involved, and the employee’s position.
No Constitutional Freedom of Speech in the Private Sector
Employees in the public sector – who work for governmental entities – have First Amendment rights in the workplace, subject to certain restrictions. The case law that has developed over time regarding First Amendment rights in the workplace has come from the public sector, as the government is directly affecting employees in public sector cases. Private citizens do not enjoy the same protections.
Other Freedom of Speech Issues in the Private Sector
Employees who work in the private-sector do not, as a rule, have First Amendment protection for their speech in the workplace. On one level, a private sector employer could take the absence of a direct First Amendment right as providing free rein to discipline, terminate or retaliate against employees for their speech in the workplace. Before doing so, however, the private sector employer should take into account the effect of the anti-discrimination laws such as Title VII, RCW 49.60 (the Washington Laws Against Discrimination or “WLAD”), whistle blower laws, and various local laws.
These laws provide a level of protection for certain types of expression in the workplace, and thus should be considered even if the right of speech associated with these laws is not a “First Amendment” right per se. For example, punishing an employee because of his religion is not technically a First Amendment violation in the private sector, but it would be a violation of the anti-discrimination laws. Conversely, the anti-discrimination laws prohibit certain types of expression on the part of employers, such as comments that constitute sexual or racial harassment, thereby putting a limit on “free speech” in the workplace.
The Bottom Line
Even though the First Amendment free speech criteria do not apply to private employers, determine if there is some other interest that governs the employee’s ability to speak freely. The following are some examples:
Is this employee’s speech being restricted or punished because the employee is expressing religious or other beliefs that are different from the employer’s or from co-workers?
Are employees of some religions or national origins allowed to express themselves regarding religion or national origin, but not others?
Is the employee being punished for speaking a different language during lunch or breaks?
Are the employee’s rights to share information protected by some other right, e.g. union regulations under the NLRB or PERC that allow employees to share salary information?
Additionally, determine whether the employer has a duty to restrict the employee’s speech. For example:
Does the employee’s speech violate the anti-harassment or anti-discrimination laws, including local ordinances?
Are other employees using speech or expression to retaliate against an employee for exercising his or her legal rights?
Is the employee entitled to whistleblower protection?
By addressing the above questions, you should begin to develop a sense of whether the employee’s freedom of speech has been violated.
May 23rd, 2018 at 3:38 pm
813
Above all my biggest disappointment is that there aren’t more white brothers supporting the cause. Chris Long the only one I can think of and he doesn’t seem to have problems finding a job even though he’s avg. but wtfdik?!
May 23rd, 2018 at 3:40 pm
813,
.they’ll still find a way to kneel on the field……
———————————————————
Yep. The players might start raising a black gloved fist like Tommie Smith and John Carlos did at the 68 Olympics.
Was pretty effective for them.
May 23rd, 2018 at 3:40 pm
Dave Pear. Correct, I was referring to the rumored penalty before the ruling actually came out. Looks like they worked around the in the way it was written.
May 23rd, 2018 at 3:40 pm
as A 3 time Purple Heart recipient, I really wish civilians would stop trying to tell me that I’m being disrespected smh. WE know exactly what we signed up for and that is to defend the US against all enemies foreign and domestic. Nowhere in our oath is the flag mentioned. You don’t get to knit pick and tell folks when, where and how to protest. They are designed to make folks uncomfortable amh
May 23rd, 2018 at 3:40 pm
Jaboo
You should prob read my posts. It’s not cut and dry, they aren’t typical employees and they’re unionized. This isn’t FL right to work state. Believe it or not up north poc have rights. Shocker I know.
May 23rd, 2018 at 3:42 pm
El-Hajj Malik El-Shabazz
#NOEXCUESIN2018!!
May 23rd, 2018 at 3:42 pm
Good it’s a false narrative.
I almost feel sorry for the players as they are getting used
May 23rd, 2018 at 3:42 pm
And Dave, you’re right about the raised fist. They can still stand and protest in any number of ways. Don’t think this is the end of this.
May 23rd, 2018 at 3:44 pm
Larrywood
Thank you and may I say your statement is consistent with many servicemembers that I’ve talked to. But it’s the Deep South so of course it’s offensive.
Lmk never protested on the clock and it was always peaceful. What did that get him? Things will never change for the better.
May 23rd, 2018 at 3:44 pm
Can’t we all just get along?
May 23rd, 2018 at 3:50 pm
Apparently not bro. Ideology trumps human decency every time.
May 23rd, 2018 at 3:51 pm
The Orange Fascist will no doubt be crowing about this on twitter. I guess this is making America great.
May 23rd, 2018 at 3:54 pm
larrywood
BRAVO!!!!!!!
I haven’t found 1 military veteran that has said its disrespectful to the flag…..if some of these folk would do their research before opening their mouth, they would find that it was an military vet that told KAEP to kneel and not sit…..
KAEP asked the military for suggestion and this is what they recommended….
MR. LARRYWOOD, thank you for your service and thank you for your honesty!!!!!!!!!!
#NOEXCUSESIN2018!!!!!….#PRESSURESONTHECOACHES!!!!…GO BUCS!!!!
May 23rd, 2018 at 3:55 pm
DB
I stand corrected. I thought it was his speech. He didn’t say that in his speech. He just said wouldn’t you like see it? Of course, I should have known there was a tweet!!
May 23rd, 2018 at 3:59 pm
I only clicked to see all the racist calling each other racists lol
May 23rd, 2018 at 4:01 pm
DB55
your right……if a player like drew brees stepped up and joined the movement “folks” wouldn’t be so upset over a peaceful protest…..but when you have drew brees say he thinks its disrespectful and feels that everyone should stand for the flag, then you have “folks” who have never been in the military let alone been socially profiled, voicing their negative one sided bias opinion…..I agree its sad……
if you aren’t part of the solution, then your part of the problem!!!!!!!
#NOEXCUSESIN2018!!!!!….#PRESSURESONTHECOACHES!!!!…GO BUCS!!!!
May 23rd, 2018 at 4:05 pm
Good, keep social activism out of where it doesn’t belong.
May 23rd, 2018 at 4:06 pm
the truth is AMERICA IS SOFT why is this even a issue so what if they kneel and protest. anybody that gets offended by them kneeling are weak go cry a river.
May 23rd, 2018 at 4:09 pm
Mike Johnson Says
“Well at least they gave the players an option. Stay in the locker room and come out after the anthem or stand on the field. This gives everybody a way out. Pretty fair if you ask me.”
Sort of.
Since they will no longer come out with the team, it also sets them apart from the team. No player is going to pull his support of his teammates.
I predict this rule will be put to the test…or they will find some other way to protest during the anthem…like turning their backs.
May 23rd, 2018 at 4:11 pm
My problem with it is simple. I paid $125 for my seat to be entertained by a football game. If I wanted political opinion I would watch the news or attend a rally. When I watch or attend an entertainment event, I expect to get entertainment. the same goes for late night comedians, Oscars, Grammy’s, etc.because they think I need to know their political views. The world has so many problems, that it is nice to be just entertained for part of your day.
May 23rd, 2018 at 4:12 pm
The only way to make this go away? Allow the players to add ‘Black Lives Matter’ patches to their uniforms.
Problem solved.
May 23rd, 2018 at 4:12 pm
@ robert
Find a post on this thread where i called anyone racist. What you will find is i called a select few from a race hypocrites. Not once did i call an entire race hypocrites. FYI….Being a hypocrite and a racist are 2 totally different thingst. And me calling them hypocrites does not make me a racist. Its calling it like it is.
May 23rd, 2018 at 4:14 pm
And, btw…pointing out that people don’t normally get to protest at their jobs?
Different animal.
These players are not just employees. They are talented individuals who the teams need in order to have ratings. The League NEEDS them.
The patch is the perfect solution.
Players can wear one patch that supports any one cause. Simple.
May 23rd, 2018 at 4:16 pm
I am still waiting for the day that the same people offended by this action start going off on people in lines to get stadium grub and beer, that are headed to the pisser, that are wearing hats, that are talking, that are cursing, etc.
And this is somehow only focused on during football sporting events.
All a crock.
May 23rd, 2018 at 4:18 pm
Watch out now, LUV!
You’re gonna scare some people with that kind of rhetoric!
May 23rd, 2018 at 4:21 pm
Players, please notify WFLA-TV and take your 53 men and go down to the court house or better yet in front of the police station and take a knee all week. If you want to protest social injustice aren’t those the places where you should actually be protesting? Ratings are already down and I’m pretty sure they will go down farther especially with anthem protests and the new rule changes. Do it on your own time.
May 23rd, 2018 at 4:21 pm
Joe:
This Blog is JOEBUCSFAN…
Not Meet the Press…
Please start screening the nonsense going back and forth…it has Nothing to do with this team.
May 23rd, 2018 at 4:22 pm
@ bonzai
the league DOES NOT need them. Everyone is replaceable. EVERYONE. PERIOD.
May 23rd, 2018 at 4:25 pm
@Bucn Enough
But it does!!!!!! Allegedly, before the Minnesota vikings game, The Bucs roster fought are argued late into the night as to how to address the Presidents comments!!! Then on that Sunday, they came out so flat, but those who shall not be named got their protest in!!!!!!!
SO it does effect Play!!!!!! Distractions!!!!!!!!!!
GO America!!!!!!!!!!!!!!!!!!!!
May 23rd, 2018 at 4:34 pm
NFL is really being run by a bunch of egotistical dotards, who think big business is greater than the law of the land. I wonder where they are getting that idea from…..hmmm DJT? The NFLPA will contest this and win EASILY. The first amendment is very clear on this topic of the flag/anthem.
If I were counsel for the NFL, I would have advised them that this may lead to more talk in Congress that the NFL should have its antitrust exemption removed like it did in 2014 when Ray Rice was black balled from playing by the NFL ownership. IMHO they need to have that exemption removed….they are a business not a non-profit. 1966 (when the NFL applied) was a long time ago and things have changed.
May 23rd, 2018 at 4:42 pm
Lmao…. too funny
May 23rd, 2018 at 4:43 pm
Would love to see the players union appeal this
May 23rd, 2018 at 4:53 pm
webster Says: You see those whites who understand/support the reason for kneeling do not post hypocritical stuff. Thats how you can tell what a person color is.
I understand the reason – Law enforcement prejudice actions and violence against black Americans. (NOT ALL COPS stop grouping them together)
I do not support kneeling. There are millions of other ways to protest and if the athletes were truly serious about this cause they would refuse to play until the Government enacts mechanisms in the recruiting, hiring, training and retaining of good law enforcement officers. Thorough psychological exams to uncover any prejudices that would prevent them from properly discharging their duties. Repeat this exam through the officers career. Until then nothing is going to ever truly change.
May 23rd, 2018 at 4:54 pm
@ realist
Thats an idiotic statement. 15 other teams lost that week. Were they distracted too? How about the other weeks when 16 teams lose? What are the distractions then? Stop it with your fake patriotism.
May 23rd, 2018 at 5:00 pm
@webster
I did not hear any other team that stayed up late into the night other than the Bucs ( as the word on the street was that it “was a fierce conversation that went into the weee hours at the team hotel”)!!!!!!!!!!!!!
May 23rd, 2018 at 5:04 pm
What other ways are there to protest?
If you do it peaceful you’re assualted or worse.
If you protest in a non-peaceful manner you’re ended.
If you take to the streets, 16 red states pass a law making it legal for the protestor to get run over. Wow!
If you have nice old ladies out there holding signs you get a DJT supporter physically and verbally assualting them with zero repercussions of arrest.
What is a brother to do? STFU and deal with it? Yes, why even ask.
May 23rd, 2018 at 5:04 pm
Realist
Rumor. has it, the Raiders also has a heated debate. So heated the oline let Carr get injured on purpose. Just a rumor tho
IDK if they won or lost that next game tho
May 23rd, 2018 at 5:07 pm
Seems like the only valid protest would be to boycott Netflix bc obarry produced a show. Now that speaks to the priory of Americans. Protest Netflix bc they support terriers
May 23rd, 2018 at 5:09 pm
HAVE YOU SEEN NETFLIX’s CONTENT LATELY????
May 23rd, 2018 at 5:12 pm
Signs of autocratic Fascism:
1. Powerful and continuing nationalism
2. Disdain for human rights
3. Identification of enemies as a unifying cause
4. Rampant sexism
5. Controlled mass media
6. Obsession with national security
7. Religion and government intertwined
8. Corporate power protected
9. Labor power suppressed
10. Disdain for intellectual and the arts
11. Obsession with crime and punishment
12. Rampant cronyism and corruption
May 23rd, 2018 at 5:15 pm
Robert
Si, por que? Oops, I’m sorry plz don’t call ice. I’ll just go back to my chithole country which btw still doesn’t have electricity after 8 months now. Murica, with justice for all except second class citizens and poc, even if they’re rich af.
#SterlingBrown
May 23rd, 2018 at 5:16 pm
Now wait for the comparisons to slavery, some dummy will make it because some dummy always makes it. LOL!
May 23rd, 2018 at 5:21 pm
no worries DB I have a poc friend…and I would never call ice. i need the manpower.
May 23rd, 2018 at 5:24 pm
So Jets Chairman states he will pay for any fines his players receive for protesting.
May 23rd, 2018 at 5:25 pm
Rob
I went on a rant and it wasn’t even directed at you personally. Lol my bad.
May 23rd, 2018 at 5:32 pm
The Buc Realist Says:
May 23rd, 2018 at 4:25 pm
@Bucn Enough
But it does!!!!!! Allegedly, before the Minnesota vikings game, The Bucs roster fought are argued late into the night as to how to address the Presidents comments!!!
LOL…..NAWL REALIST!!!!!…..that nothing but a false rumor!!!!!!….something you created…..
they stayed up late at night arguing about who was going to pull your skirt down!!!!!…..enough with the excuses!!!!!!…..and if that was the case, the HC should’ve stepped in laid down the law and turned the page……
but we all know dirk is just as soft as the skirts you wear!!!!!!!
#NOEXCUSESIN2018!!!!!….#PRESSURESONTHECOACHES!!!!…GO BUCS!!!!
May 23rd, 2018 at 5:34 pm
@ realist
Every team debated what actions to take and thats why all teams did something. Stop hiding behind fake patriotism
@ ghostofschiano
I never said all cops but many do committ travisties and are not held accountable and society turns a blind eye to it just like we are doing to these innocent kids in school.
May 23rd, 2018 at 5:34 pm
The new NFL policy is yet another example of how nationalism is being used as a tool to divide us and prevent social change.
May 23rd, 2018 at 5:39 pm
@ db55
Jets now my second favorite team. I will be rooting for them heavily. What other owner will step up and dismiss the fake patriotism?
May 23rd, 2018 at 5:40 pm
Stanglassman – You do know fascism is just the right-wing of socialism, right? Like Hitler, he was the head of the national socalist party for a reason. When people say Hitler was on the right, he was, he was the right-wing of socialism (just as communism is on the left of socialism). In fact Hitler constantly whined about “liberal” America – yet America was way to the right of where it is now – but how can that be when Hitler was too the right. Well that’s because when Hitler, and Eurotrash in general, talk about “liberal” they’re talking about the classical meaning of the word, which is liberal as in liberty, as in self reliance, small government, personal responsibility, or as Americans call it, being a libertarian. This entire idea of pushing Hitler and fascism as being on the American right is fake and an effort to rewrite history so socialism doesn’t appear as evil as it actually is. Not only did socialism create Hitler and Stalin, it also created the world biggest killer of all, Mao.
Here’s your Hitler platform…
-National healthcare
-National gun control
-Strong central government with very limited local powers
-High taxes
-The integration of big business and big government
-Government crackdown on religion
-Government backed Euthanasia
-Reeducation camps where people with traditional beliefs are “reeducated” to use proper language as dictated by the government
That’s just some of the points, I mean Hitler was also a vegetarian who wanted to eliminate meat from the diet of Germans post war, also he was literally an anti-smoking Nazi as well.
Glad I could teach you some something kiddo, maybe you’ll read it, give it thought and be less boring in the future when you copy and paste stuff!
Just kidding, no one reads anything anymore, they just repeat what they read off bumper stickers and pretend its their own thoughts.
May 23rd, 2018 at 5:47 pm
webster Says : I never said all cops but many do committ travisties and are not held accountable and society turns a blind eye to it just like we are doing to these innocent kids in school.
Agreed.
May 23rd, 2018 at 5:57 pm
OK……My appeals for us all to just get along didn’t work….so try this.
Why doesn’t everybody simply STFU?
Or, let’s start an argument about Josh Freeman or Winston vs Mariota.
Because, this debate is one that will only degenerate throughout the evening.
May 23rd, 2018 at 6:02 pm
go get arrested and write a letter from the Birmingham jail. Do some real protesting.
Something that causes you discomfort.
Take your Helmet off and walk off the field. Give up the NFL gig. In the name of social justice.
Then u might have cred. Not whinny little millionaires kneeling. Pitiful.
May 23rd, 2018 at 6:07 pm
The only people who care so much about the anthem is the ones who’s trying to turn the other way of what’s going on in this country. Man I’m from Houston i grew up in the 90s I know what it’s like to get pull over for nothing and guns dron on you cause what kind of car you have and I’m not talking about Windows with tint on them I’m talking about if 4 black young guys ride in a car you got pull over for nothing and guns dron on by cops. My brother was handcuffed n beaten up by cops for fight with his girlfriend brother . It was more of a tussle it wasn’t series at all. No body was hurt in fight but a cop who live in the area called them . He was beaten in front of his son who was 5 at the time . My brother comply with the cops it didn’t matter cause that was comon in those days before cell phones. At the time he was 19 years old. A lot of people who don’t have to go threw or worry about it so it don’t matter to them . Kap is a bad guy to them. If you are a so call real American then that should not be a black problem but a American problem. The y’all would not talk bad about kap you would have been angry as well. But a lot of white people not all really don’t care what happens to black people and that’s the real problem in in this country.
May 23rd, 2018 at 6:13 pm
So will the NFL/stadium workers stop disrespecting the flag by holding it horizontal to the ground?
Just asking since that is a flag code violation
176.c
May 23rd, 2018 at 6:16 pm
Just get rid of the anthem at all major sporting events. Problem solved.
We don’t hear the anthem before Boxing, MMA, Tennis, Golf, etc…
What’s the point of televising it? Rarely did we see until after 9/11. Why the need to cram it into the audiences’ minds in attendence when we’re paying for entertainment to distract us from hard realities. Oh right, the anthem was never heard before any sporting/entertainment events until we had to be feed war propaganda during WWI.
May 23rd, 2018 at 6:19 pm
Every flipping one of you on this site and every flipping one in America that doesn’t understand that this is not an issue about protesting but WHEN you are allowed to protest is Just Plain Stupid!! Just like Joe said and I have said numerous times. “PROTEST ON YOUR OWN TIME WITH YOUR OWN MONEY”
Stop protesting on your EMPLOYERS time or get Fined, Fired, or Blackballed.
Simple as That
May 23rd, 2018 at 6:31 pm
Rod Muncher has a political science degree from Trump University.
May 23rd, 2018 at 6:32 pm
Hallelujah! The way it should be. Find another way to protest.
May 23rd, 2018 at 6:38 pm
As of my writing this comment this thread has 145 comments. The most I’ve seen on a JoeBucs article since I can remember. One thing I think that we can all agree on, is that whether you agreed or disagreed with Kaepernick’s stance, it brought a ton of controversy with it.
People clearly felt he had the right to make this peaceful protest, while others saw it as disrespecting our flag and country. There was a huge divide no matter what US City you visited, albeit some cities probably favoring one or the other. So…. what NFL team wants to bring that controversy to their organization and City???! Whether you agree with it or not?!
I think that’s what everyone fails to comment on with all these sports networks. Can’t they see that, politics aside, this brings a ton of pissed off people and maybe even coaches and players? All they talk about is what a skilled QB Kaepernick was. How about a very basic business decision that we don’t want the drama and losing fans? No offense to Kap, but sometimes you have to choose another way to fight your battles so that you can continue doing what you love.
As a former vet I applaud the decision. I hope it prevents such a bad omen over a beloved game.
May 23rd, 2018 at 6:40 pm
Trench War Says:
May 23rd, 2018 at 6:32 pm
Hallelujah! The way it should be. Find another way to protest.
———————————————————————————-
They will.
May 23rd, 2018 at 6:42 pm
I hope you are right Dave Pear. As long as they keep it away from my Football games. Again, I fought for their right to protest, killed many men for it in fact but they need to do it on their own time.
May 23rd, 2018 at 6:46 pm
SB,
Hmmm… I’m thinking more like backs turned or fists raised.
May 23rd, 2018 at 6:47 pm
The players that knelt I almost feel sorry for as it is a total false narrative
If I or most Americans thought there was police brutality overtly going on with our black
Amecan brothers we would applaud the kneeling.
It’s a false narrative created by your mates on the divisive left
May 23rd, 2018 at 6:50 pm
Wow, Joe- when sports betting is legalized in Florida, will there be an over/under on kneelers?
May 23rd, 2018 at 6:52 pm
Destinjohnny just nailed it
May 23rd, 2018 at 7:08 pm
Destin and robert are idiots. There is nothing false about this narrative. I bet you clowns also believe sandy hook was a hoax and the parkland students are actors. Gtfooh
May 23rd, 2018 at 7:17 pm
Robert and destin
Google sterling brown. Google the doctor who had his hands up in the air telling the cops we was trying to take the autism patient back to the facility yet he was shot anyway. Google white people calling cops because black vacationers were leaving an air bnb, sleeping in a dorm or for sitting in a starbucks. These whites who call cops on blacks for doing normal things is bad enough but you dont think those with a badge have the same race issues? Google kkk cops and tell me your results. This has been a problem for centuries. You guys are clowns talking about false narratives.