2. Can you think of any context where a player flipping the bird is NOT "misconduct?"
Your argument seems to be that the two things are dissimilar because flipping the bird is always misconduct, while kneeling is only misconduct in one set of circumstances.
Kneeling is also misconduct if the player is a homosexual and is sexually harassing or taunting a heterosexual teammate.
Then, too, a player bantering with a teammate in the locker room can use “the bird” without offense.