What, exactly, does "Free Speech" mean in the context of our Constitutionally guaranteed rights? It includes expression and action as well as speech.
From what are we free to speak, or act, or express? We're free from prosecution and penalty imposed by our governments at various levels.
Does it mean that we can say anything we want to anybody we choose? No, the obvious exceptions include yelling, "Fire!," in a crowded theater, and my personal favorite, "Your right to swing your fist stops just short of my nose." We also cannot incite to violence, advocate the violent overthrow of the U.S. Government, etc., etc., etc.
Absent that sort of thing, can we state an opinion that is offensive to some folks--or a whole lot of folks? Yes, we can. Being a jerk--or worse--and proving it with words or deeds is not against the law.
Can we say whatever we wish about whomever we choose free of all repercussion? No, we cannot. Although we're free from prosecution and penalty from the government, there may be other consequences.
The perfect example of possible repercussions from exercising free speech is in employment. For forty years, I worked in management in a service industry. I provided and sold my corporate employers' services to customers and the rest of the community, hoping to turn them into customers, too.
This time period included one of the most divisive eras in modern American history--the Vietnam War. Our nation was bitterly divided, some supporting the War, and many actively protesting against it. I was free to say whatever I wanted, pro or con, about the Vietnam War without fear of prosecution.
I was not free to stand in my employer's lobby and state my opinions without those statements reflecting upon my employer. Whichever side of the debate I took, I was going to anger a bunch of people. Whichever side of the debate I took, my company stood to lose. My bosses would have had every right to tell me to shut up and stop alienating a significant percentage of customers and prospects. If I didn't, they'd have had every right to fire me.
Fast forward about forty-five years, and the current hot button topic is the injustice some people believe that Black Americans suffer at the hands of the police, and the all-around discrimination they continue to suffer from society in general, and white Americans specifically. Protests are focused on professional athletes sitting or kneeling during the National Anthem or the opening display of our Colors--the flag of the United States of America.
This action absolutely is an exercise of free speech within the parameters of the First Amendment. They cannot be arrested, prosecuted, or penalized by our Government for it. Courts have ruled that even flag burning is protected exercise of free speech rights. However, like Vietnam protests half a century earlier, the athletes and those who support them are not free from public opinion. Whatever they do or don't do is going to upset some portion of their employers' customer base.
Sitting or kneeling on the football field or basketball court during the National Anthem or opening display of our flag is during their working hours on their employers' stage--and the NFL owners are losing customers. Don't believe it? NFL attendance and TV ratings are down. The latest news, reacting to customer complaints, DirecTV is offering unhappy customers refunds on their all-access NFL package.
Irrespective of these athletes' First Amendment rights, which I will defend irrespective of how personally offensive I find their actions, they are not free from the consequences of those actions. They are not only harming their employers with their actions at work, but they are in violation of NFL rules to which the players via their Players Association agreed.
Should the players take a knee? It's their right. Should owners fire kneeling players? It's their right, and in my opinion they should.
