to sit during the National Anthem. I'm referring to Colin Kaepernick, the 49er player who refuses to stand during the Anthem.
That's the logical outcome of the totally clear decision of the Supreme Court, in West Virginia State Board of Education v. Barnette, in 1943, that overturned the decision of the Board of Education that expelled two students for refusing to say the Pledge of Allegiance. That decision, in the middle of WWII, was not popular. It was, however, correct, as a defense of the 1st Amendment.
Later cases, involving studens' right NOT to participate, nor even stand, during the National Anthem, followed that decision. It naturally follows that, if you can't force a minor to participate, you can't make an adult do so.
Kaepernick's refusal is upheld by law.
However, it doesn't address the issue of the public's right to disapprove of Kaepernick, nor to direct their ire at the team - i.e., refuse to buy tickets to his team's games. That ability, and right, is also absolute.
They might call him an ungrateful jerk, impugn his motives (some are suggesting he has fallen under Muslim influences - I'm NOT saying that - I wait until a public announcement is made to take that possibility into account), or suggest that he should be grateful to this country for all that he has achieved.
Frankly, I don't care.
If someone wants to engage in a display that practically begs - Look at me! Look at ME! - I don't have to watch. I don't have to get my knickers in a twist, as my mother-in-law used to say.
For him, there is likely a price to be paid. He will probably have a less stellar career, possibly a shorter one, and a loss of endorsements.
He is likely to gain in Progressive circles. Likely, he will - briefly - become the latest darling of Leftist/Progressive attention. Some celebrities will copy him.
So what?
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