Tuesday, October 10, 2017

1st Amendment Rights v 1st Amendment Wrongs

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San Francisco 49ers quarterback Colin Kaepernick has been a distraction from, and for, the game of football. But when Donald Trump inserted himself into the NFL's HR Department — it became a Constitutional issue.

                            

1. Watching an NFL game would be like watching paint dry to me. I couldn't tell you the last time I did — probably when Atlanta was in the Super Bowl — whenever that was — and only because I had company in my house. So I have utterly no dog in this fight. Boredom on steroids! YAAAAWN.

2. So let talk about 1st Amendment rights. So many get this so wrong. First of all — the 1st Amendment guarantees that the GOVERNMENT cannot deny, censor, punish, or imprison you for your public speech. Secondly — the 1st Amendment specifically protects UNPOPULAR speech.  After all, why would we need constitutional protection for POPULAR speech? However, the 1st Amendment DOES NOT protect you from criminal conduct or — according to Georgia law — “terroristic threats” — wherein you threaten to harm to another. Neither does it prevent others from taking commercial retaliatory action against you for your speech — like boycotting your store — or declining to hire you (see Colin Kaepernick below).

3. So make no mistake about it — when you are on somebody else's payroll — you check your 1st Amendment rights at the door. Case law is unambiguous about this. Even if your boss doesn't like your off-hours activity — he has a right to censor or fire you with broad latitude — under the rubric of "casting unfavorable aspersions as a representative of his company — whatever he deems that to be"

4. So forget about what YOU think about the 'taking a knee' protests — NFL owners would be entirely within their constitutional legal bounds to fire or suspend any player for 'taking a knee' on the field. But so far NFL owners have not ——— unless you count >>

5. Phenom quarterback Colin Kaepernick — who — correct me if I am wrong — has gone unsigned through the offseason and 2017 training camps — up until and including today. Again — forgive me for my NFL ignorance — but based on Kaepernick’s stats — and the fact his 2016 contract with the 49ers was $126 million — it seems abundantly obvious that he is being extraordinarily  — painfully — and publically — punished — by the NFL — for his speech. Can we agree to call Colin a scapegoat in all this bullshit? OK?

6. So exactly what is Kaepernick’s issue — at the expense of his career? We don’t have to speculate. I’ll quote him directly: 
"I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. To me, this is bigger than football, and it would be selfish on my part to look the other way. There are bodies in the street and [police officers] getting paid leave [after] getting away with murder."
7. So — there you have it. Agree — or disagree — with Kaepernick — this is where he chose to draw a line in the sand with his speech. So let’s be really clear: this is the moral compass that guides HIS life — and is he quite literally PAYING dearly. Whatever you think about this issue — I defy anyone to denigrate his personal integrity. How many readers herein — would possess this kind of fortitude? Case closed.

8. Now comes Donald J. Trump — president of the United States — last time I checked — the highest representative of the GOVERNMENT of the United States. Notwithstanding myriad foreign and domestic enemies — Mr. Trump took it upon himself to insert himself into the NFL’s HR policy —

9. During a March 20, 2017 rally in Louisville, KY — Trump said — and allow me to quote:
 “... you know your San Francisco quarterback — I'm sure nobody ever heard of him ... NFL owners don't want to pick him up — because they don't want to get a nasty tweet from Donald Trump” 
Bottom line — the highest representative of the government issued an unveiled threat against a private citizen — in retaliation of his speech. I’m not a Constitutional lawyer — nor do I play one on TV — but this is an unambiguous breach of Kaepernick’s 1st Amendment rights. If I were he — I’d file suit in Federal Court for tortious breach of my Civil Rights.
10. But it gets better — as Trump — clearly a reckless constitutional ignoramus — went on to allow on Sept 22, 2017 in his storied Huntsville, AL harangue: 
“Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son-of-a-bitch off the field right now — he’s fired?’ ” 
Notwithstanding Trump’s vulgar likening of Kaepernick’s mother to a female dog in heat — he doubled-down on going after his speech in the name of the government. 

11. Now comes Mike Pence. Whatever you may say about Mikey Boy — and despite his sub-rosa fundraising for a 2020 presidential run — his consummate electoral role is a lackey for Trump. We now know — thanks to the ‘fake news’ press — that Trump and Pence conspired to stage a nose-bleed expensive — taxpayer-funded — political stunt this past Sunday (10/08/17). Flying on Airforce 2 — from Las Vegas — to Indianapolis — back to California — to put in an appearance at the Colts v 49ers game — Pence spent upwards of $2.5 million to fake a 10-minute walk-out aimed at doubling-down on the government’s breach of free speech.

12. So what is the Trump-Pence gambit all about: of course, driving a social wedge between black Americans & white liberals who failed to support them — and white male racists who viscerally negatively-react to everything Colin Kaepernick stands for — that is — except the entitlement to be entertained on the NFL gridiron on Sundays by Negroes who know their place, owned by the NFL and Donald Trump.







Calhoun GA 10/09/17