THE KAEPERNICK’S CASE

The case of Colin Kaepernick has made quite an impact on both the sporting world and laws governing free speech, workplace rights, and race relations in the U.S. He was an NFL quarterback who courted controversy by kneeling during the National Anthem in the 2016 NFL postseason to protest racial injustice and police brutality.

His actions have since ignited countless national conversations about the intersection of sports and politics with social justice issues, prompting numerous legal or legislative responses that continue to reverberate into the present day. 

At the beginning of his protest, Kaepernick found himself immersed in controversies, while some hailed him as one who spotlighted matters affecting minority communities and others condemned him for dishonoring his national identity. This raised the question of employee rights, particularly on politicians speaking for their institutions in sports.

Kaepernick’s kneeling, however, resulted in his departure from the National Football League. After the 2016 season, he had become a free agent, and no team would take him in-an apparent retaliation against Kaepernick on grounds of his protests. In 2017, he had filed a lawsuit against the NFL under the collective bargaining agreement, stating team owners colluded to keep him out of the league on account of his activism. It put forth stark questions about the rights of employees and their status in public life. 

This case raised important questions surrounding free speech connected to the workplace. While First Amendment freedoms safeguard individuals against government reprisals, private employers-most specifically, NFL teams-have greater liberty in controlling speech. Nonetheless, this case invited conversations on whether or not there should be protection for an employee’s expression concerning social justice issues from potential eventual retaliation from the employer. 

Since the outcome of Kaepernick’s lawsuit was confidential, information has leaked that the settlement was reached in early 2019 with many estimates placing the amount in the tens of millions paid by the NFL. Seeing that resolution which drew light on the peculiar circumstances of Kaepernick’s case, allowed other athletes to be free in their activism, knowing they would be able to use the law to defend themselves if they encountered retaliation for their beliefs.

This wider context has spurred the Kaepernick case to foster an emergent trend of athletes speaking out on social issues, most directly embodied in movements like Black Lives Matter.

Kaepernick’s case also ignited legislative proposals focused on improving worker protections for employees who voice political concerns. In recent years, numerous states have crafted new laws prohibiting the reprimanding of employees for speaking out on political issues, a testament to the growing conviction that free expression deserves protection in every walk of life, within the workplace being one of them. 

To sum it all up, the Kaepernick case pushes itself into a potent milestone on the intersection between law, rights at work, and the world of sports. It opened room for vital discussions on the right of employees to express political beliefs and provided a highlight on the need for more robust protections in places of work, especially those working in sports. 

by Paolo Zalum