Traditionally, when a man proposes, he gets down on one knee
in front of woman and offers her a ring. It’s a sign of respect, of devotion,
of humility as he awaits her answer. In the Western Church, genuflection (which
means kneeling) is typically expressed by bending down on one knee. It is a
sign of respect to a superior; it has meant such since Alexander the Great’s
time. In the Church, it is a sign of respect to God, present in the Blessed
Sacrament. The whole body acknowledges the presence of God.
In sports, players go down on one knee when another player
is injured. As medics and coaches go on the field to tend to the injured, the
rest of the players remain silent, on one knee, as a sign of respect and
concern to their injured peer. It also signals to the spectators that there is
a serious incident on the field and that they too should be concerned and
quiet.
So when Colin Kaepernick, a professional football player who
lived a fairly privileged life, started to realize the systemic racism and
injustice in the country, he began feeling uncomfortable standing
hand-over-heart for the National Anthem at each game. To him, it felt like a
mockery to claim that America was one way when it was really another. So he
sat. And then he knelt. And others followed suit. He took a knee, a sign of
respect but also a signal that there is a serious incident going on that
demands own concern.
This past weekend, it escalated, with dozens of players and
others, including a franchise owner and a singer of the National Anthem, taking
a knee. As far as protests go, this is about as mild-mannered as you can
imagine. No chanting, no inflammatory language, no blocking streets, no
occupying private property. And yet, people were outraged, calling the
protesters un-American, seditious, thugs, disrespectful. There were demands
that the players be fined, that they lose their jobs, that they be forced to
stand for the anthem.
Now, the NFL can very much dictate if they allow their
players to kneel on the field or not. It’s their field, their uniforms, and
their time. As a private company, they have that control. That’s why Colin
Kaepernick isn’t working this season. But when dozens of players join in the
peaceful protest (and when the act brings much attention to the league,
especially when people tune in to see who’s kneeling or not), the NFL is also
very much in their right to let it happen. And people can freely boycott or not
based on the NFL’s decisions.
The First Amendment allows for peaceful protest. The very
foundation of the country supports citizens bringing their concerns to the
public forum and petitioning the government for redress of grievances. Freedom
of speech is in place to protect minority or unpopular speech. You don’t have
to like what others say, you don’t have to like that they are saying it. But
you can’t restrict them from doing so.
In the 1943 case West
Virginia State Board of Education v. Barnette, the Supreme Court ruled that
the First Amendment protected students’ rights to not salute the American flag
or say the Pledge of Allegiance. The Court ruling read: “If there is any fixed
star in our constitutional constellation, it is that no official, high or
petty, can prescribe what shall be orthodox in politics, nationalism, religion,
or other matters of option, or force citizens to confess by word or act their
faith therein.”
What I’ve found so interesting in the “take a knee” protests
are the vitriol, distain, and accusations heaped onto the protesters. The flag
and the anthem have, in many’s minds, to represent the military, which
subsequently, can never be wrong nor disrespected in any form. So an issue
about racism becomes an issue about veterans. A conversation about injustice
becomes a conversation about patriotism. A sign of concern becomes a sign of
disrespect. A peaceful protest becomes an act of sedition.
The post 9/11 patriotism was beautiful but dangerous. We can
together as a country, we were all in this together. There is a demand that we
maintain a solitary mindset of blind patriotism, that anything less is
unacceptable. But that itself is un-American. America promotes free speech,
free assembly, the right to petition; North Korea is where blind obedience is
demanded. In the Barnette case, Justice Jackson wrote, “Those who begin
coercive elimination of dissent soon find themselves exterminating dissenters.
Compulsory unification of opinion achieves only the unanimity of the
graveyard.”
The “take a knee” protest is about as peaceful—as passive—as
a protest can be. But it’s still not submissive enough for some people. Just as
college students weren’t submissive enough when they sat down to lunch at
Woolworth’s. Just as Rosa Parks wasn’t submissive enough when she remained in
her seat on the bus. Just as Tommie Smith and John Carlos weren’t submissive
enough when they lifted their fists on the Olympic podium. Anything less than
total capitulation is never enough for some authorities. And that’s the mindset
Colin Kaepernick wanted to fight against. Every voice saying the players should
just stand up, shut up, and play are proving him right. There is an injury on
the field. Show your respect. Pay attention.