By Juan Montoya
Someone should really sit down with President Donald Trump and give him a basic lesson in First Amendment rights.
When he asks the owners of National Football League teams to fire players who don't stand for the National Anthem he is basically attempting to take us back to the days when Jehovah's Witness kids were ostracized for not reciting the pledge of allegiance.
In 1940, a conservative Supreme Court ruled in Minersville School District vs. Gobitis that instead of protesting the school district's rule that children should recite the pledge of allegiance to the flag, the proper recourse for dissent against this rule was for them to try to change the school policy democratically.
They based their beliefs in the verse from Exodus 20:4 that states: "Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in."
Gobitis was overturned in 1943 in West Virginia State Board of Education v. Barnette, that held that the Free Speech clause of the First Amendment protected students from being forced to salute the American flag and recite the pledge in school.
The Court, by a 6–3 decision delivered by Justice Robert H. Jackson, was the most forceful defense of free speech and constitutional rights generally as being placed "beyond the reach of majorities and officials."
The court ruled that the state did not have the power to compel speech or behavior in that manner for anyone.
The same applies to in the NFL case. The league cannot compel anyone to pledge allegiance to anything. It would be wonderful if everyone believed in the same thing and declared their loyalty to one god, one set of values, and one state. Or would it? If that is the goal, then make the nation and the application of its laws the same for everyone. It's obvious that many Americans don't think we're there yet and are making their opinions known.
The court said that the state cannot intrude into the area of personal religious beliefs or compel anyone to think the way it proscribes. That is left to the rights of the individual to think freely. Football is the all American sport and as such it should espouse the values and rights granted all Americans by the U.S. Constitution.
For Trump to use this exercise of personal expression because he does not agree with it he is driving a wedge between American citizens without any tangible benefit for anyone. Instead of uniting us, this man seeks to divide.
My country right or wrong? No, that's really not the whole quote. The entire quote is: " “My country, right or wrong; if right, to be kept right; and if wrong, to be set right.”
18 comments:
So what?!!! this stuff is all over TV, you fool!!!!!
The right to first amendment does exist in Brownsville city commissioners, so BS for only blacks to have that right! Look at the numbers for most dropouts in schools, murders by blacks on blacks, always the race card against them, when a so call Mexican get arrested or killed, the people don't care or start burning down the town like the blacks. Blacks need to look in the mirror and clean their assess period.
Out of your league, juanito. You are Brownsville y nada mas, bro.
The black players disrespected the flag, country and all those who sacrificed so they can make millions to play a silly game. Trump called them out and now he is the bad guy? What a load of crap. Those culeros can get off their knees and play ball. That is what they are paid to do not make stupid political stunts. Viva Trump!
The NFL has a "code of conduct" for the National Anthem and all the kneelers and fists in the sky guys violated that code. So, the NFL's "code of conduct" has become moot unless the NFL acts. Guess that "code of conduct" will go away. Like actors and actresses in Hollywood, musicians, and TV personalities, the NFL is entertainment and if the public turns its back on entertainers, the pay goes down. This past weekend the NFL took a selfish and political position which may cause millions of Americans to burn their memorabilia and tickets, because the NFL turned its back on the American Flag and disrespected all the men and women who have died and sacrificed for that flag....at far less pay than the privileged millionaires on the field. Got rid of my NFL ticket and the only way I would ever go to a Texan or Cowgirl game would be if I were kidnapped by their cheerleaders.
Everyone knows you are suppose to rise and stand up for the National Anthem! To do different, is unpatriotic and disrespectful! I will never see the NFL the same again. Adios NFL!
Hell yea!!!! Lynch em!! How dare you bite the hand that feeds you!! Making millions and crying about oppression?? Please man your making me laugh
The Disrespecting The Flag ship sailed away a long time ago when we put the flag on panties, bandanas, bongs, rolling papers, used car lot banners, condoms, president day sales, etc. Patriotism comes from within not like Trump who dodged the draft because his feet hurt.
You're flat out wrong on this one Juan, the first amendment protection of citizen's speech applies only to the government, not to the private sector. A private employer can impose restrictions on its employees regarding speech that is consistent with the employer-employee relationship and in furtherance of business goals. In the context of the NFL, those parameters are first governed by the collective bargaining agreement (CBA)and by additional restrictions by the individual teams on terms not covered and/or allowed by the CBA. Stick to muck-raking and leave the legal analysis to the lawyers. El Zapatero a sus zapatos...hummmn...where have I read that before.
The 1st Ammendment does not give you freedom of speech at your place of employment unless your employer lets you. These low life athletes can go disrespect the anthem or the flag on their own time. They can burn the flag if they want to and the 1st Ammendment gives me the right to call them SOB's. The 1st Ammendment does not give them the right to do it on my property or while I'm paying them if I'm their employer. It's up to the employer or the NFL to make them respect the anthem. So I don't care what they are protesting. It doesn't matter how good the cause is, you do not disrespect the anthem. As far as I'm concerned, all those taking a knee or sitting are millionaire scum.
You are way out of line on this one, despite your citation of the 1st Amendment. Employers have the right to set standards for their employees. This might include respecting the traditions of the country in which the business or concern is located, in this case the USA. For example, I represented an entity for which I spoke publicly, often going to civic and community organization meetings and delivering various talks. If I had refused to honor the flag and recite the pledge, I would have been fired in a NY minute. These thugs, in effect, are defying NFL policy and so are the owners who allow such nastiness. It is my hope that the NFL, ESPN and other sports venues that hype politics are quickly driven out of business. I live in Mexico half the year. I do not agree with everything the government stands for or does. But, as an American, I show respect for the country by standing for the national anthem and the raising of the tricolor. I was raised to show respect. These clowns were obviously not. A curse on their game!
The NFL is in turmoil and headed toward anarchy, just like this nation. Why so many citizens have lost their national spirit and national pride, I do not know. I think one way to return to national spirit is to require national service for all...two years in a job serving the nation. Not necessarily the military, but national service that will introduce young people to the diversity of this nation.
I'm a veteran and I fought for your right to be a pendejo.
I'm a veteran and I fought for your right to be a pendejo.
Estás más pendejo que un idiota.
What are you talking about? Juan turned down a job for the New York Times.
Pinche racista pendejo.
Why does it take 3 audits to fire a corrupt fire chief? How much will this cost us tax payers? What's wrong with this town?
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