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How to Hate Your Country

Posted By on September 26, 2017

Once again, the uninformed elitists  who make up the American media have gotten it wrong. There is no First Amendment right to free speech in the private workplace, and the right is restricted for public sector employees. For example, if a government employee says something that impugns her government employer, she’s gone. She can speak on political, religious, and other protected topics, but she is limited in the scope of that speech by the government’s need for efficient administration.

The Free Speech Clause of the First Amendment gives people the right to protest against the government, but there’s no right to do so in a privately owned forum:

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.

You have an absolute right to protest against government policies on public property. The government can place reasonable time, place, and manner restrictions on your protest, but they can’t control the content. For example, the government can stop you from setting a cross on fire in front of the courthouse because it might start the structure on fire. They cannot, however, stop you from peacefully protesting religious oppression on the same property. In order to restrict your right to protest, the government must show that the restriction is content neutral, doesn’t cut off all avenues for public expression, and that the restriction is necessary because of a compelling need for security or other public concern, such as the disruption of traffic.

So what about the NFL protests? Do they have a constitutional right to protest in the stadiums? While some conservative pundits are claiming the answer is no, they could be wrong. You see, each of those stadiums where the protests of the United States are happening are paid for in large part by federal and state taxpayers. It’s possible someone could make an argument that because the NFL stadiums are publicly funded, then they are public property.

In deciding whether the NFL stadiums that are financed by tax credits, subsidies, and outright cash gifts from the federal and state governments are in fact a public venue, a court will look at how much government funding the NFL gets for the stadiums and to what extent the NFL are performing a government function. The funding is a slam-dunk, and the government function may not be such a stretch either.

The NFL promotes the American military, a government function. The NFL promotes diversity, a government function. The NFL promotes government programs during commercial breaks, a government function. In fact, when you combine the staggering level of government funding the NFL receives with the NFL’s promotion of government programs, there is a strong argument to be made that the stadiums are a public venue.  The spoiled NFL players who would rather take knee to show their hatred of their country than do something positive for the people in inner cities who need more than a rich guy with a dirty knee have a right to protest in a public venue.

What about the fans? Do those who paid ridiculous amounts to watch a bunch of entitled babies play a game have any say in what they see? Nope. If you are offended by the blatant racist “protests,” the only recourse you have is to stop paying to watch them. As for the “protesters,” it would far more believable and admirable if, as part of their campaign against their country, they would give up one or more of their giant pay checks. Maybe they could help out people in the inner city. Just one NFL pay check would buy several homes in Ferguson or any other inner city community. Imagine what 200 NFL pay checks could do.




About the author

Jerri L. Cook is a recognized leader in rural media. She holds a B.S. in Organizational Communications and a Juris Doctor (J.D.) from Concord Law School. Exceptional legal research and writing is essential to providing effective counsel. With her proven record of excellence, Jerri L. Cook provides effective trial support for attorneys who find themselves with only a 24-hour day. Her background in communications, including content creation and internet programming, complement her academic focus on Cyber Law. E-Discovery can be daunting, but with Jerri L. Cook on the team, digital information is readily discovered and retrieved. Contact her at 715.257.4363.

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