Dear Colin Kaepernick

“Employers have wide discretion when it comes to limiting the political expression of employees in the workplace. The First Amendment generally applies only to government censorship of speech. As such, the Constitution allows private companies to regulate speech, even to bar political discussion entirely...

...In general, regardless of a particular state’s rules regarding political expression in the workplace, an employer can discipline or discharge an employee for legitimate, business-related reasons, even if the conduct involves political expression at work. For example, if an employee’s political expression interferes with his/her work, disrupts his/her co-workers, or infringes upon a business objective, the employer can take action consistent with its written policies and practices.”

http://www.acc.com/legalresources/publications/topten/TopTenQuestionsRegardingPoliticalDialogueintheWorkplace.cfm

You can take most of what is generally understood in labor law and throw it out the window in this case, because a collective bargaining agreement trumps labor law in almost every circumstance.

In this case, the "employer" is the San Francisco 49ers football team. They can do whatever they want with him. What do you expect them to do -- bench him? They've already done that. He's a fifth-rate quarterback who lost his starting job and never should have been signed to his stupid contract in the first place.

What else can they do -- cut him? They're likely to do that anyway, but they have to pay him for this season regardless of what they do.

Ignoring him is the best course of action, because anything else they do would make a martyr out of him. He probably has an IQ of about 85, and it really shows. Anyone who shows up for an interview in a Fidel Castro T-shirt and denounces "oppression" in the United States is dumber than a sack of hammers.

... unless you know specifically that the NFLPA collective bargaining agreement somehow addresses the right to protest during the playing of the Anthem.

I don't. I assume it is silent on the matter, since I probably would have heard otherwise if it wasn't. In that case, the team would have a hard time taking any disciplinary action against him without facing an uphill battle in an NFLPA grievance process.

You don't think the 49ers would look for any excuse to suspend a player who stands to earn $11M+ for sitting on the bench? LOL.

The NFL already barred the Dallas Cowboys from wearing a symbol of support for police on their uniforms.

That had less to do with a protest and more to do with the NFL's contractual obligations. I can guarantee you that their sponsorship/licensing deal with Nike for NFL uniforms has meticulous details about what players can and cannot wear on their uniforms. I'm sure the NFL would have done the same thing if a player or team wanted to wear a "Black Losers Matter" emblem -- or even American flag that didn't fit the NFL/Nike specifications.

This story still holds true today, because Something’s Never Change;

“Tommy” is short for “Tommy Atkins” equivalent to our “G.I. Joe” The Gallery refers to the highest point in the Balcony of the theatre, the Stalls are the Best seats in the House.

Tommy I went into a public-’ouse to get a pint o’beer, The publican ‘e up an’ sez, “We serve no red-coats here.” The girls be’ind the bar they laughed an’ giggled fit to die, I outs into the street again an’ to myself sez I:
O it’s Tommy this, an’ Tommy that, an’ “Tommy, go away”; But it’s ``Thank you, Mister Atkins,’’ when the band begins to play, The band begins to play, my boys, the band begins to play, O it’s ``Thank you, Mr. Atkins,’’ when the band begins to play.
I went into a theatre as sober as could be, They gave a drunk civilian room, but ‘adn’t none for me; They sent me to the gallery or round the music-’alls, But when it comes to fightin’, Lord! they’ll shove me in the stalls!
For it’s Tommy this, an’ Tommy that, an’ “Tommy, wait outside”; But it’s “Special train for Atkins” when the trooper’s on the tide, The troopship’s on the tide, my boys, the troopship’s on the tide, O it’s “Special train for Atkins” when the trooper’s on the tide.
Yes, makin’ mock o’ uniforms that guard you while you sleep Is cheaper than them uniforms, an’ they’re starvation cheap; An’ hustlin’ drunken soldiers when they’re goin’ large a bit Is five times better business than paradin’ in full kit.
Then it’s Tommy this, an’ Tommy that, an’ “Tommy how’s yer soul?” But it’s “Thin red line of ‘eroes” when the drums begin to roll, The drums begin to roll, my boys, the drums begin to roll, O it’s “Thin red line of ‘eroes” when the drums begin to roll.
We aren’t no thin red ‘eroes, nor we aren’t no blackguards too, But single men in barricks, most remarkable like you; An’ if sometimes our conduck isn’t all your fancy paints: Why, single men in barricks don’t grow into plaster saints;
While it’s Tommy this, an’ Tommy that, an’ “Tommy, fall be’ind,” But it’s “Please to walk in front, sir,” when there’s trouble in the wind, There’s trouble in the wind, my boys, there’s trouble in the wind, O it’s “Please to walk in front, sir,” when there’s trouble in the wind.
You talk o’ better food for us, an’ schools, an’ fires an’ all: We’ll wait for extry rations if you treat us rational. Don’t mess about the cook-room slops, but prove it to our face The Widow’s Uniform is not the soldier-man’s disgrace.
For it’s Tommy this, an’ Tommy that, an’ “Chuck him out, the brute!” But it’s “Saviour of ‘is country,” when the guns begin to shoot; An’ it’s Tommy this, an’ Tommy that, an’ anything you please; But Tommy ain’t a bloomin’ fool - you bet that Tommy sees!

Written by Rudyard Kipling and posted in the 1890 London Times Newspaper.

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