August 28, 2017
Peter Solari, Contributing Editor Follow @4PeteSakeNY
Back on May 30th, The Monday Morning Quarterback published a piece exploring embattled quarterback Colin Kaepernick'sactivists advocates in the media, and the loss of their collective mind over his continuing status as an NFL free agent. Nearly three months later, not a whole lot has changed. Kaepernick remains unsigned, and the press is becoming more unhinged by the day.
Shannon Sharpe and Skip Bayless, hosts of "Undisputed" on Fox Sports 1, have been throwing a non-stop temper tantrum, clamoring for an NFL team to overpay for a mediocre (at best) backup quarterback, who has a terrible attitude and comes with a ton of baggage. However, despite the incessant whining coming from FS1, among others, NFL owners remain unmoved and Kaepernick is still unemployed. Maybe it's time for a new strategy, guys.
On Wednesday, we got our first taste of this new plan, when Derrick Johnson, interim president of the NAACP, "officially requested a formal meeting with NFL commissioner Roger Goodell to discuss NFL players and their ability to exercise their First Amendment rights." Here is an excerpt from Johnson's letter to the commissioner, as reported by James Barrett at The Daily Wire:
To suggest that Kaepernick has been punished for his speech is ludicrous considering the fact that he hasn't been fined, suspended, or disciplined in any way since he started his "protest" over a year ago. In fact, Goodell went to bat for Kaepernick after the saga started, saying, "Players have a platform, and it's his right to do that. We encourage them to be respectful and it's important for them to do that."
Furthermore, there are numerous players around the league who continue to kneel during the national anthem to this day. Much like Kaepernick, none of them have been disciplined for their political stand, so to allege that players are being punished for expressing themselves, is illogical. But what's more alarming is Johnson's misinterpretation of the First Amendment, which says:
In other words, until and unless Congress passes a law oppressing Kaepernick's freedom of speech, and the President of the United States signs that legislation, this is in no way a First Amendment issue, whatsoever. Sorry about it.
It's also important for Johnson to understand that those same First Amendment protections that Kaepernick is afforded, are a two-way street. So while Kaepernick is free to express his opinions about America, NFL owners are allowed to express their opinions about him as well.
As a lawyer, Goodell should already understand all of this, but in reality, should a meeting between the commissioner and Johnson actually happen, all bets are off!
It would nice if the story ended here, but it's only just begun.
On Thursday, ESPN anchor Sage Steele told The Dan Patrick Show, "Owners in this league, they run a business, and they have a right to make the decision that they believe is best for their business — just like Colin Kaepernick has the right to express his opinion and do what’s best for him, for his brand, for his career. There’s repercussions to both."
Watch the full exchange below.
In fairness, there was quite a bit of confusion surrounding this tweet, as many weren't sure what Davis even meant by this. Presumably, however, he was referring to the fact that Mayweather, who has a history of abusing women, is at the top of his sport, while Kaepernick, who has no criminal background to speak of, can't get a look. This reasoning makes sense on its surface, but Davis conveniently leaves out a couple of key points.
What really seems to have gotten lost in this saga is that when the 2016 season ended, Kaepernick did have a job. He was under contract with the San Francisco 49ers until he opted out of that deal this past March, under the delusion that teams would be knocking down his door for a chance to sign him. 49ers General Manager John Lynch did later say that the team would have released Kaepernick anyway, had he not opted out, but that is irrelevant. If I quit my job because I think my boss is going to fire me anyway, then I can't realistically blame my unemployment on anyone but myself. If I wait for my boss to fire me, then my circumstances are different, and I might have a legitimate beef.
Aside from that, what Davis really fails to grasp in his tweet, is how truly unfair it is to compare Mayweather and Kaepernick.
In the past, I've argued that if Seattle Seahawks quarterback Russell Wilson was in the exact same boat as Kaepernick, then multiple NFL teams would be interested in his services and somebody would snatch him up quickly. That's because Wilson is an elite quarterback, and regardless of his past, people tend to be more forgiving to those who have something to offer in return.
In boxing, Mayweather is a bigger name than Wilson is in football, so it shouldn't be a mystery why one of the greatest boxers ever is getting paid, while a lousy QB with a ton of baggage and a style that doesn't fit in today's NFL, is begging for a backup role.
One thing Davis does get right in his tweet, is when he says "Because America." Both Mayweather's and Kaepernick's predicaments are results of the American system, but not for the reasons Davis believes.
In America, capitalism is king. If you've got a product that Americans crave (like you're the greatest boxer of your time, for example), then you can become rich beyond your wildest dreams. On the other hand, if you've got nothing to sell, then garnering interest and making money, will likely be difficult. And let's be honest: there aren't a whole lot of people dying to see Kaepernick play football.
As we inch closer to the opening of the 2017 season, the voices screaming in the media are only going to get louder until the league or one of its owners cave to Kaepernick's demands. But while their rationalizations get crazier by the day, the reality of the situation remains unchanged. There simply isn't enough incentive for a franchise to take on the headaches that come with signing a guy like Kaepernick to sit on the bench and hold a clipboard. Just ask Buffalo Bills running back LeSean McCoy.
Back on May 30th, The Monday Morning Quarterback published a piece exploring embattled quarterback Colin Kaepernick's
Shannon Sharpe and Skip Bayless, hosts of "Undisputed" on Fox Sports 1, have been throwing a non-stop temper tantrum, clamoring for an NFL team to overpay for a mediocre (at best) backup quarterback, who has a terrible attitude and comes with a ton of baggage. However, despite the incessant whining coming from FS1, among others, NFL owners remain unmoved and Kaepernick is still unemployed. Maybe it's time for a new strategy, guys.
On Wednesday, we got our first taste of this new plan, when Derrick Johnson, interim president of the NAACP, "officially requested a formal meeting with NFL commissioner Roger Goodell to discuss NFL players and their ability to exercise their First Amendment rights." Here is an excerpt from Johnson's letter to the commissioner, as reported by James Barrett at The Daily Wire:
Last season, Mr. Kaepernick chose to exercise his First Amendment rights by protesting the inequitable treatment of people of color in America. By quietly taking a knee during the national anthem, he was able to shine a light on the many injustices, particularly, the disproportionate occurrences of police misconduct toward communities of color. As outlined in your office's public statement, this act of dissent is well within the National Football League's stated bylaws. Yet, as the NFL season quickly approaches, Mr. Kaepernick has spent an unprecedented amount of time as a free agent, and it is becoming increasingly apparent that this is no sheer coincidence.So apparently the new strategy is to make nonsensical arguments, and hope everyone is too confused to refute them, because Johnson's statement is littered with ignorance on several levels.
No player should be victimized and discriminated against because of his exercise of free speech -- to do so is in violation of his rights under the Constitution and the NFL's own regulations.
To suggest that Kaepernick has been punished for his speech is ludicrous considering the fact that he hasn't been fined, suspended, or disciplined in any way since he started his "protest" over a year ago. In fact, Goodell went to bat for Kaepernick after the saga started, saying, "Players have a platform, and it's his right to do that. We encourage them to be respectful and it's important for them to do that."
Furthermore, there are numerous players around the league who continue to kneel during the national anthem to this day. Much like Kaepernick, none of them have been disciplined for their political stand, so to allege that players are being punished for expressing themselves, is illogical. But what's more alarming is Johnson's misinterpretation of the First Amendment, which says:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
In other words, until and unless Congress passes a law oppressing Kaepernick's freedom of speech, and the President of the United States signs that legislation, this is in no way a First Amendment issue, whatsoever. Sorry about it.
It's also important for Johnson to understand that those same First Amendment protections that Kaepernick is afforded, are a two-way street. So while Kaepernick is free to express his opinions about America, NFL owners are allowed to express their opinions about him as well.
It would nice if the story ended here, but it's only just begun.
On Thursday, ESPN anchor Sage Steele told The Dan Patrick Show, "Owners in this league, they run a business, and they have a right to make the decision that they believe is best for their business — just like Colin Kaepernick has the right to express his opinion and do what’s best for him, for his brand, for his career. There’s repercussions to both."
Watch the full exchange below.
Of course, Steele's assesment is entirely correct, but that didn't stop Mike Florio's Pro Football Talk from tweeting these responses:
Under that same theory, business owners have a right to completely ignore all state and federal human rights laws. https://t.co/czF4oxC6hy— ProFootballTalk (@ProFootballTalk) August 24, 2017
EEO laws = human rights laws = civil rights laws. Regardless of the label, owning a business isn't a license to do whatever you want. https://t.co/UOVg3JfVFS— ProFootballTalk (@ProFootballTalk) August 24, 2017
Equal employment opportunity (EEO) laws are regulations which prohibit employers from discriminating against employees or applicants based on race, religion, sex, age, sexual orientation, national origin, or disability. You may be asking yourself how exactly this applies to Kaepernick. In simple terms, it doesn't. And all Florio needs to do is take a quick gander around the NFL to see the flaws in his premise.
Kaepernick is a 29-year old, biracial (black and white), straight, Christian male, who was born in America. There happen to be a plethora of American born, late 20's, straight, Christian males of various racial backgrounds in the NFL, so the notion that the league or its owners are, in any way, violating EEO laws is, for lack of a better term, stupid. Try again.
On Saturday, with the nation's attention on the "money fight" between Floyd Mayweather and Conor McGregor, CBS Sports college basketball analyst Seth Davis decided to get in on the action, tweeting:
Floyd Mayweather is getting an enormous payday tonight and Colin Karpernick can't get a job. Because America.— Seth Davis (@SethDavisHoops) August 26, 2017
In fairness, there was quite a bit of confusion surrounding this tweet, as many weren't sure what Davis even meant by this. Presumably, however, he was referring to the fact that Mayweather, who has a history of abusing women, is at the top of his sport, while Kaepernick, who has no criminal background to speak of, can't get a look. This reasoning makes sense on its surface, but Davis conveniently leaves out a couple of key points.
What really seems to have gotten lost in this saga is that when the 2016 season ended, Kaepernick did have a job. He was under contract with the San Francisco 49ers until he opted out of that deal this past March, under the delusion that teams would be knocking down his door for a chance to sign him. 49ers General Manager John Lynch did later say that the team would have released Kaepernick anyway, had he not opted out, but that is irrelevant. If I quit my job because I think my boss is going to fire me anyway, then I can't realistically blame my unemployment on anyone but myself. If I wait for my boss to fire me, then my circumstances are different, and I might have a legitimate beef.
Aside from that, what Davis really fails to grasp in his tweet, is how truly unfair it is to compare Mayweather and Kaepernick.
In the past, I've argued that if Seattle Seahawks quarterback Russell Wilson was in the exact same boat as Kaepernick, then multiple NFL teams would be interested in his services and somebody would snatch him up quickly. That's because Wilson is an elite quarterback, and regardless of his past, people tend to be more forgiving to those who have something to offer in return.
In boxing, Mayweather is a bigger name than Wilson is in football, so it shouldn't be a mystery why one of the greatest boxers ever is getting paid, while a lousy QB with a ton of baggage and a style that doesn't fit in today's NFL, is begging for a backup role.
One thing Davis does get right in his tweet, is when he says "Because America." Both Mayweather's and Kaepernick's predicaments are results of the American system, but not for the reasons Davis believes.
In America, capitalism is king. If you've got a product that Americans crave (like you're the greatest boxer of your time, for example), then you can become rich beyond your wildest dreams. On the other hand, if you've got nothing to sell, then garnering interest and making money, will likely be difficult. And let's be honest: there aren't a whole lot of people dying to see Kaepernick play football.
As we inch closer to the opening of the 2017 season, the voices screaming in the media are only going to get louder until the league or one of its owners cave to Kaepernick's demands. But while their rationalizations get crazier by the day, the reality of the situation remains unchanged. There simply isn't enough incentive for a franchise to take on the headaches that come with signing a guy like Kaepernick to sit on the bench and hold a clipboard. Just ask Buffalo Bills running back LeSean McCoy.
LeSean McCoy on Kaepernick: I think his situation is not good enough to have him on the team with all the attention that comes along with it pic.twitter.com/HrvfgeNsBP— Joe Buscaglia (@JoeBuscaglia) August 24, 2017