Muted Millions: Athletes and The First Amendment

Muted Millions: Athletes and The First Amendment

James A. Williams, Jr.

North Carolina Agricultural & Technical State University

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Abstract

Though the United States is a country that takes pride in its freedom of self expression, its seems

as though their athletes are exempt from this luxury. Americans, as the huge sports fans they are,

create a massive platform for athletes then when athletes use that platform to speak out for what

they believe in, an issue arises. Sports stars are a version of heroes within the USA and when a

hero becomes a headliner for controversy or conveys an opinion that contradicts their fans’, the

backlash they recieve can be detrimental to their career. Although the risk of mistreatment and

discrimination is a price athletes will have to pay, some have decided to pay that cost and more

future athletes will as well.

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The first amendment is often known as “the people’s amendment” or “the citizen’s

amendment” and when you read the specifics of the law, it is not difficult to see why. The first

amendment provides the people of the US with the freedom of assembly, press, religion, petition

of the government, but most importantly the freedom of speech.Often times when we speak on

the idea of freedom having cost, we associate the idea of this phrase with members of the

military overseas fighting for our rights back on home on American soil. But the price of

freedom within the boundaries of our society, is not free either. When it comes to the conveying

of free speech in the United States there can be many repercussions and consequences as a result

of the expression, that stem from a societal point and not a legal point.

Though anyone is subject to a rebuttal for their use of free speech, athlete’s have seem to

become the group of social activists that receives the most response. Though movements such as

the “More Than An Athlete” campaign sparked by NBA superstar LeBron James which I will

cover in detail later, have started to make it easier for athletes to publicize their opinions. The

trials and tribulations come from a long history and will seemingly be around for some time. Lou

Alcindor not allowing himself to be addressed as “negro” by white people before changing his

name to Kareem-Abdul-Jabar and Cassius Clay or otherwise known as Muhammad Ali refusing

to accept his draft selection to serve in the Vietnam War, resulting in him forfeiting his

championship belt. These are two of the very first instances of athletes using their first

amendment rights to speak in favor of their beliefs and set the stage for athletes to come.

The 1968 Summer Olympic Games is considered to be one of the more controversial yet

important games in the Olympic series. The games took place in Mexico City, Mexico, a place

that was already dealing with a social activist movement with the Mexican Student Movement of

1968. Although this movement has a part of Mexico’s history, the actions of two Olympic
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runners made a statement heard around the globe. After placing gold and bronze, or first and

third, in the Men’s 200 Meter race, Americans Tommie Smith and John Carlos raised black fists

during the medal ceremony. On the world's stage, these two men decide to take a stand for a

cause they believe instead of basking in a moment they have worked their whole lives for.

Though this action took place in another country, it is one of the most patriotic examples of

American citizenship, displaying a right of the people that most countries are foreign to. In Silent

Gesture, an autobiography by Smith (2007), he states that the fist were in support of all “human

rights” and not just “black power” (p.45). In addition to that, Smith wore a black scarf for “black

pride”, Carlos wore garments in support of “blue collar workers” and black suffrage, and both

stood on the podium with shoeless in black socks to shine light on “black poverty”. Silver

medalist and Australian Peter Norman wore a t-shirt on the podium in kahoots with the

Americans to support human rights. Though viewed as courageous now, the olympians received

backlash upon their return back to the US. Smith.

Time magazine called the protest “angrier, nastier, uglier” which related to a prior

Olympic article describing the 1968 games as “faster, higher, stronger.” Brent Musberger, who is

now one of the better known sports commentators of the last half century due to his work on

networks CBS and ESPN, described Smith and Carlos as “a couple of black-skinned

stormtroopers” that were “juvenile,” “unimaginative,” and “ignoble.” However compared to

Norman, the Americans were let off easy as they were able to continue their sports careers.

History.com wrote that the Australian sports establishment struck down hard on Norman.

Although qualifying for the 1972 Olympics, Australia decided to not send Norman to participate

in the games, therefore no sprinter was sent from the country to compete. The freedom of speech
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is a commodity that not everyone around the world is available to, but Smith and Carlos are just

two examples of what more American athletes have decided to do.

At the age of 24 years old, Colin Kaepernick had led the San Francisco 49ers, to the

pinnacle of professional football, the Super Bowl. He was regarded as one of the best players in

the National Football League or NFL for short, and was foreseen to become the premier

quarterback of the league in years to come. A little less than 5 years later Kaepernick was out of

a job and the chances of being hired became bleaker and bleaker until it was evident that he had

been ostracized from the NFL. Though one could argue that his talent started to deplete, it was

conspicuous when other quarterbacks who appeared to have less ability and unimpressive

resumes compared to Kaepernick’s were being hired over him. The difference maker; his

decision to stand up to a system of racial profiling by taking a knee.

On September 1st, 2016, Colin Kaepernick while being accompanied by teammate Eric

Reid, decided to kneel during the playing of the national anthem for San Francisco’s final game

of the 2016 NFL preseason. In an interview with NFL Media Reporter Steve Wyche, Kaepernick

said that the kneeling was not of any disrespect to the flag or veterans but rather the fact that he's

not “going to stand up to show pride in a flag for a country that oppresses black people and

people of color.” This was a response to a prior summer filled with police brutality towards

people of color. Yet if he had taken this stand a few years prior, the protest would probably have

had a lesser impact.

NFL spokesman Brian McCarthy confirmed that the NFL requiring players to be on the

sidelines during the national anthem is a relatively new custom that began in 2009 in an

interview with Comcast Sportsnet reporter Tom Curran. McCarthy also said “As you know, the

NFL has a long tradition of patriotism. Players are encouraged but not required to stand for the
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anthem.” In 2015, a joint oversight report by Arizona senators John McCain and John Flake

detailed a deal between the US department of defense and the NFL whereas taxpayer dollars

were used over the last 4 years, to pay the league to honor the military. This “paid patriotism” act

as the senators described it, would include the 2009 season in which the national anthem rule

came into play. In this case, the issue was not necessarily the use of an athlete’s freedom of

speech but the impact it would have financially. In fear of the fact that he would ignite a new

idea in the players of the NFL and cost owners of NFL teams their deal with the department of

defense, Kaepernick was and still is blacklisted from the league.

Although Kaepernick was able to file a grievance against the NFL for collusion, has

faded out of the spotlight, and did not create the effect many owners thought he would, he still

left a permanent footprint. He has influenced fellow athletes such as Malcolm Jenkins and

Megan Rapinoe to become activists and has set in motion a new wave of socially conscious

athletes.

More Than An Athlete is a movement that has broadened the spectrum of athlete’s from

race to women’s rights, to immigration, to pay disparity. It is also an 8 part docuseries on the rise

LeBron James and his childhood friends as they ascended to the top ranks of the sports industry

as they all took different paths and have their own businesses. Similar to James and his

colleagues, this movement has humble beginnings and is still young in this game.

In 2018, Lebron James was highly critical of President Trump, saying that Trump “really

don’t give a (expletive) about the people” in a conversation he had on his own media platform

UNINTERRUPTED. In response to those comments, Fox News host Laura Ingraham stated that

“it’s always unwise to seek political advice from someone who gets paid $100 million a year to

bounce a ball.” This sparked the beginning of the movement with James posting an image saying
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“I Am More Than An Athlete” with the caption being the hashtag

“#wewillnotshutupanddribble.” James, who is no stranger to speaking out against social injustice

has proven his awareness by actions such as wearing a shirt with “I Can’t Breathe” written on the

front. A response to the death of Eric Garner, who died at the hands of police brutality and is

heard stating the phrase while being strangled to his eventual death.

The use of the first amendment and its statutes will always be an uphill battle for people

that we do not consider to be political philanthropists which includes athletes. However with

people like LeBron James who has created his own media platform, started the More Than An

Athlete campaign, and opened his own “I Promise” school back in his hometown of Akron,

Ohio, the culture around sports and the freedom of speech will continue to change. The first

amendment is one of the founding principles of the United States, though it was not meant for

the minorities and such who exercise its meaning, the use of the amendment must evolve with a

world that is constantly changing and evolving.

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References

Blakemore, E. (2018, February 22). How the Black Power Protest at the 1968 Olympics

Killed Careers. Retrieved October 9, 2019, from https://www.history.com/news/1968-mexico-

city-olympics-black-power-protest-backlash.

Colin Kaepernick. (2019, July 2). Retrieved October 9, 2019, from

https://www.biography.com/athlete/colin-kaepernick.

McAfee, T., & McAfee, T. (2017, September 25). Fact Check: Did NFL Players Only

Start Standing on Sidelines for National Anthem in 2009 After Cash from the Pentagon?

Retrieved October 9, 2019, from https://people.com/politics/nfl-players-national-anthem-2009-

government-payments/.

Smith, T., & Steele, D. (2007). Silent gesture: the autobiography of Tommie Smith.

Retrieved from

http://web.a.ebscohost.com/ehost/ebookviewer/ebook/bmxlYmtfXzE5ODcxNV9fQU41?

sid=112e2af9-2420-451e-970e-

f7bfa3420877@sessionmgr4008&vid=0&format=EB&lpid=lp_20&rid=0

Wyche, S. (2016, August 28). Colin Kaepernick explains why he sat during national

anthem. Retrieved October 10, 2019, from

http://www.nfl.com/news/story/0ap3000000691077/article/colin-kaepernick-explains-why-he-

sat-during-national-anthem.