Colin Kaepernick and the National Anthem

I've seen an increasing number of veterans who are supporting Colin Kaepernick's choice to refuse to stand during the playing of the national anthem.  I am a veteran.  I do not like his choice but I will defend his right to do so. 

I do find it interesting that there is a law in our nation that says he should not be doing what he is doing.  Title 36, U.S. Code Section 301 reads as follows:

(a)Designation.— The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.

(b)Conduct During Playing.—During a rendition of the national anthem—

 

(1) when the flag is displayed—

(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;

(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and

(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and

(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

 
Note that this law indicates that one "should" and not "must" and it contains no provisions for penalties against anyone who violates it.  Why bother with this law?  It seems to me that it violates the First Amendment of the U. S. Constitution.  Because if burning a United States flag is constitutionally protected free speech, so is choosing not to stand during the playing of the national anthem.

So we are clear that government at any level has no place in this discussion.  Now the question turns to the NFL and the team he plays for and what they choose to do.  So far they have supported what he is doing.  That is their right.

Then we move on to those who are criticizing his refusal to stand.  Let me quote something that Kareem Abdul-Jabbar wrote on the subject.

"What should horrify Americans is not Kaepernick’s choice to remain seated during the national anthem, but that nearly 50 years after [Muhammad] Ali was banned from boxing for his stance and Tommie Smith and John Carlos’s raised fists caused public ostracization and numerous death threats, we still need to call attention to the same racial inequities. Failure to fix this problem is what’s really un-American here."
 
Again I do not agree with Colin Kaepernick's choice to remain seated during the playing of the national anthem but he has every right to do so.  I also believe that people who disagree with his choice have every right to voice their criticisms.  Clearly death threats are not an appropriate reaction in any situation.  Stupid and amusing memes seem to be the order off the day and while they accomplish little, they can be entertaining.  I've seen no one who disagrees with what Kaepernick is doing enough to try to do something meaningful, like organizing boycotts or the like.  Nor would that accomplish much.

A number of sports media outlets are speculating that Colin Kaepernick's time in the NFL won't last a whole lot longer.  The 49ers are expected by a number of analysts to cut Kaepernick and not because of his protest activities.  He's coming off of injuries and has not done well in the preseason.  If they keep him on the roster after the season begins and he is injured, then the team is on the hook for his 2017 contract salary.  That is $14.5 million and that's a big risk on someone who doesn't seem to be coming back from the injuries he has suffered.

Sources say that a number of NFL team executives will not sign Kaepernick if the 49ers release him, because of his decision to stay seated during the national anthem.  Before you criticize those people, remember, they have every right to choose who they do and do not sign to contracts. 

One last thought.  To those who say that Colin Kaepernick should spend some of his millions to battle racism rather than engaging in what they consider a meaningless protest, you have the right to offer that criticism.  And I have the right to say that in my opinion it is none of your business how any private citizen chooses to spend the money they have earned, as long as they do it within the law.