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The NFL, the First Amendment, and the Village Idiot
Long-time readers of my little corner of Ricochet will recall that during the time I was a cross-country truck driver, I had the privilege of driving the Ride of Pride military show truck for Schneider National Carriers. Company policy stipulated that only veterans could drive the truck and the selection process itself included scrutiny of that veteran’s driving record, overall performance, and an interview to ascertain whether the candidate would represent Schneider in a manner that reflected favorably on the company as well as on other veterans.
If, having been chosen to drive that magnificent tribute to our veterans and their families at a great many special events including Rolling Thunder and the traveling Vietnam Memorial Wall, I responded by flipping the bird to one and all at those events or otherwise persisted in insulting veterans and other attendees, I’m confidant that I would have been relieved, promptly, of those truck keys and, quite possibly, of my employment with Schneider National Carriers.
Likewise, having retired from trucking and entered a new line of work just last week, if I go to my new place of employment tomorrow and repeatedly disrespect our customers, it will be completely understandable if the business owner bids me a less-than-fond adieu and sends me packing. Indeed, it would be downright perplexing if he didn’t take action. And it would be totally bizarre if, having acted to insure that I don’t further sully his business’ reputation, various well-respected writers and thinkers rushed to defend me on the grounds that, “The cure for bad speech is better speech — not censorship.”
It is along these lines that the pushback against the NFL for belatedly taking action to salvage some semblance of respect for its fanbase becomes a real head-scratcher. A few days ago, in the New York Times, a writer for whom I have tremendous respect expressed his dismay at the NFL’s decision to give players the option either to stand for the National Anthem or remain in the locker room until the anthem’s conclusion. Either way, the option of disrespecting the flag and the anthem while wearing the team’s uniform is now foreclosed, though the right of players to speak their minds on issues of concern to them at other times is left untouched.
In his NYT piece, National Review’s Senior Editor (and fellow veteran) David French notes that conservatives generally cheer the idea that “The cure for bad speech is better speech — not censorship.”
Until, that is, Colin Kaepernick chose to kneel. Until, that is, the president demanded that the N.F.L. fire the other players who picked up on his protest after he was essentially banished from the league.
Well, let’s first stipulate that Kaepernick’s antics began in the summer of 2016, before Donald Trump’s election. While I can’t speak for others, I know that the Carter household (which usually tunes in to the NFL on a regular basis) switched the channel when it became obvious that players could insult the nation’s flag while wearing team attire, with impunity. Over at Business Insider, however, Kevin Tran reveals that:
Trump’s remarks came during the third week of the season, but ratings in weeks 1 and 2 were down 12% and 15%, respectively, according to Nielsen, suggesting that NFL ratings were already on the decline, regardless of President Trump’s comments.
As tempting as it may be, then, to lay the blame at the President’s feet, it’s at least as plausible to believe that he merely gave voice to pre-existing resentment on behalf of viewers who were disinclined to patronize businesses who denigrate them. In other words, the fault for the NFL’s declining revenue lies not with the President, but with those who chose to take a knee in the first place and turn what had been a moment of patriotic unity into a leftist sideshow.
Let me further stipulate that my respect for Mr. French, both as a powerful thinker and (most important to me) a fellow veteran, is nearly boundless. While citing the Supreme Court’s 1943 Virginia State Board of Education v. Barnette decision which protected Jehovah’s Witness adherents against a state mandate to salute the American flag during school as evidence of the Constitution’s protection of controversial speech, Mr. French is careful to note that, “The NFL isn’t the government,” and that it therefore has the right to set certain limits on speech while on company time. But then we read:
…American citizens can shame whomever they want to shame.
But what should they do? Should they use their liberty to punish dissent? Or should a free people protect a culture of freedom?
In our polarized times, I’ve adopted a simple standard, a civil liberties corollary to the golden rule: Fight for the rights of others that you would like to exercise yourself. Do you want corporations obliterating speech the state can’t touch? Do you want the price of participation in public debate to include the fear of lost livelihoods? Then, by all means, support the N.F.L. Cheer Silicon Valley’s terminations. Join the boycotts and shame campaigns. Watch this country’s culture of liberty wither in front of your eyes.
To which I ask the following of Mr. French: When people decline to tune in on material they find offensive, is that punishment and the obliteration of speech, or the free exercise of market choice? Should National Review re-visit its past decisions to part company with Ann Coulter or Mark Steyn on the grounds that it was wrong to, “punish dissent?” Would you prohibit NR’s website engineers from including an ISIS flag on the masthead in order to, “protect a culture of freedom?”
Of course the preceding questions engage in a bit of reductio ad absurdum, but they illustrate the basic point that a private entity has every right to protect itself against speech and behavior, on the part of employees, that it finds anathema to its fundamental image and message. We rightly bristle at the state ordering a cake baker to endorse same-sex marriage, but are we then to turn around and encourage that same cake baker to go ahead and “bake the cake,” because do to otherwise is to, “watch this country’s culture of liberty wither in front of your eyes?”
With the greatest respect, I’ll continue declining to patronize businesses and venues that demonize, belittle, or insult me, my beliefs, or those people I hold dear. I do so not to punish, or silence, but merely because I don’t understand my freedom to be some sort of masochistic calling. The village idiot enjoys First Amendment protections, but I’m under no obligation to stand around and applaud him. I of course respect David French’s corresponding right to invest his time and attention where he thinks best, and appreciate more than I can express his having served in uniform to defend that right.
Published in General
Exactly. Thank you for your service and for this post.
I’m pretty agnostic about a person’s right to stay seated during the national anthem, but I will say that it’s no less silly for an employer to make standing during the national anthem a condition of employment than it is to make fighting other people over possession of a ball a condition of employment.
Football is an entertainment industry. Virtually anything that detracts from that entertainment is fair game as a condition of employment.
I had already cut back on the amount of the NFL product that I was consuming. That was partly for reasons of mental health; watching the Bears try to play football will make you crazy. Part of it was annoyance with the product, specifically the length and frequency of commercial breaks. Add to that my decision to cut the cable and I would have had to make special effort to see NFL games at all. To this mess is added Mr. Kaepernick’s tiresome tirades, and the game was no longer worth the candle — any candle.
I neither require David French’s permission nor seek his blessing. I’ll find other things to do.
I’ll give the NFL a chance again this fall with this new policy. (I bailed after week 4 last fall, sending an angry letter to Falcons management.) I’ll be skipping the Jets and any other team that backslides. If the NFL fails to discipline the backsliders, I’ll bail again.
Amen. As I’ve stated before, businesses have the right to control employee behavior and speech both on and off the job if said behavior and speech has a negative impact on the business.
First Amendment free speech only applies to government, and Congress in particular passing no laws restricting it.
Well stated Dave Carter. Mr French, a veteran, has fought for his and my right to the 1st Amendment as well as our entire Constitution. On this issue I believe he is way off base. On other issues he is right on the money, IMHO. However, of late he is approaching 50/50 and garnering a lower quarterback rating nearly every week. I applaud the NFL’s balanced decision and look forward to them having footballs enough to enforce it.
May God Bless those who have given their last measure for our country.
Nice post, Dave. People have the right to say whatever they want. I also have to right not to listen.
Applause for the well-reasoned post that takes the high road.
Still, bottom line, French is way off base here as indicated by an earlier thread, including my thoughts here, for starters, and well below the thoughts of others.
That thread, interestingly enough, sits where it started and it’s too meritorius for that.
Excellent, Dave. Well written – it hits the nail on the head. I am sure millions still will have a bad taste in their mouth while watching any NFL game, even after the owners new policies. I know I will. It’s more than a little late to bring back the pre-kneel status quo .
Thanks and congrats, Dave!
Thank you sir.
As I mentioned to EJ Hill on the podcast a couple days ago, my interest in pro football is fleeting at best, though my wife and mom in-law are avid fans. But even they bailed last season. If the NFL follows through, I might watch the Saints from time to time,…but if LSU ever starts this kneeling nonsense, …well, to quote Alphonse Fontenot, “ma heart will be broke plumb in twice.”
Somehow I managed to miss that entire post. Thanks for linking to it. Looks like quite the conversation.
Thank you!!! (I just noticed what you did with your screen name. Alphonse will be honored!)
It too little too late. The NFL has officially been banned from our home. The leagues seem to full of people who hate the country and it’s people and ran by those that are apathetic toward same. Fine, they hate us, we have no need for them. That ship has sailed. May they go out of business.
Our current project is divesting ourself of all organizations that are becoming hostile to the 2A and the NRA. We are currently refinancing our home over it as well as have moved our bank accounts, credit cards, or other retail transactions.
Conservatives do have some power. They just need to exercise it.
A shout-out to “They call me PJ Boy…”, initially, but some Summertime fun as an homage to you both; in gratitude for friendship and laughter. God bless y’all and Miss SugarNutt real good!
I’m going to start watching again. While I still think it is being disrespectful not coming out on the field and standing for the Anthem, at least it doesn’t give the America haters a forum to do so. It’s a compromise I can live with, although some players are still whining about it.
That, and we’ll know who the disgruntled players are by their absence, may their jersey sales sink . . .
Hockey, anyone?
I can’t follow the puck.
I can’t follow the punches . . .
Which big banks that back credit cards have not jumped on the anti-gun bandwagon? It seems like darn near all of them have caved.
I’m going to check to see if my USAA card has done the same thing. Probably not, since they cater to the military . . .
Wells Fargo is holding strong.
Unfortunately, Wells Fargo has got a pretty bad reputation for pulling shenanigans on their customers.
Republic Bank
Of course not, because National Review gets to say who is, and who is not, worthy of conservatism. John Birch and all that.
It’s going to take much more from the NFL to get me to start watching again. A serious apology, at the very least, which I do not for a moment expect.
My feeling isn’t about a few rogue players, and has nothing to do with President Trump. The league went along with a mass demonstration against the flag and the anthem. If I remember correctly, Jerry Jones kneelt with players, before though not during the anthem, supposedly as a sign of unity.
Wrong, wrong, wrong. The flag and the anthem are the sign of unity. Kneeling in connection with the flag and anthem is intended to be a rejection of that unity. Joining others in kneeling is joining in the act of disunity.
Yeah, I got the point. The NFL is united in disrespecting the country. I heard them, loud and clear.
Technically, I do not think that kneeling before the flag is a sign of disrespect in all circumstances. It was plainly a sign of disrespect in this particular context. I could imagine a veteran taking a knee before the flag, say at Arlington, as an expression of extreme devotion.