The legal and social ramifications of Colin Kaepernick's kneeling demonstrations

What is it about?

At the commencement of the 2016 NFL season, Colin Kaepernick, one of the quarterbacks for the San Francisco 49ers, and Megan Rapinoe, midfielder for the U.S. Women’s Soccer Team, among other professional athletes, began exercising their First Amendment freedom of speech by kneeling during the national anthem before their respective professional league games as a protest to promote awareness for social injustice and police brutality. The protests immediately sparked political controversy, and the persisting nationwide social injustice debate was brought into the conversation of a multibillion dollar industry: professional sports. However, the burning question that has yet to be addressed in the endless hours of media coverage and political opinions is what actions the San Francisco 49ers, U.S. Women’s Soccer, and other sports and entertainment organizations legally may take against athletes and entertainer-employees who are exercising their First Amendment freedom of speech rights. The public outcry has focused on the rights of the individuals, but are they entitled to behave at will without repercussions in their employment? This article will explore the legal landscape concerning the First Amendment’s freedom of speech within the employment arena involving athletes, entertainers, and organizations, as well as anticipate social and legal consequences for all parties involved.

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Why is it important?

This article was written before any consequences had come to Colin Kaepernick's playing career. The article provides legal analysis for the rights of the the athletes and entertainers who choose to exercise their freedoms of speech while under contract, as well as the rights of their employers.

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