Has Barnes ‘n Noble’s stock gone up? Are piano lessons being
sought after at an astronomical rate? Has Fort McHenry received an absorbent
amount of attendance? The reason I ask these questions is because for some
reason the National Anthem has become so idolized that the NFL has now enacted
a National Anthem Policy.
The policy is relatively broad and straight forward, which
for those who have delved into any policy, law, or rule, realize that a broad
law/rule tends to be challenged regularly and exceptions are enacted to narrow
its scope. The Policy states, according to Sport’s
Illustrated’s Albert Breer, that “the league’s new policy will allow players
to choose whether or not they come out for the anthem, but require them to
stand for it if they’re on the field when it plays.”
So there are three issues that need to be discussed with
this rule:
1.
How the new policy was passed
2.
What’s the NFL’s reason for enacting such policy
3.
What parties are hurt by this policy.
Let’s start with the first issue of how this policy was
enacted. The first reports indicated that the NFL’s owners voted on whether
this policy should be legislated. It was
concluded that thirty-one of the thirty-two owners voted in favor of the
policy, with the lone owner (the 49ers owner) abstaining from the vote.
However, as reported by ESPN.com’s Seth Wickersham, the NFL did not actually
conduct a vote, but rather polled the owners. From this poll they assumed that the owners would vote in
favor of this policy.
So the NFL effectively decided to end an already dying
protest by an authoritarian method – shutting down a peaceful demonstration by
non-peaceful means. History has shown in America the consequences of such a
strategy. Martin Luther King Jr.’s Selma March would not have been the same,
nor would it have been as effective, if it was not for the government (i.e. the
municipal police officers) using violent means to try and quash a peaceful
protest.
What is more appalling is not the fact that the NFL lied by stating
that new Anthem Policy was a vote made unanimously, but rather the fact that
the NFL has not learned from its past lying.
This is the same league that only a few years ago botched handling the
Ray Rice incident. In that public
relations embarrassment, the league was originally going to just hand Rice a two-game
suspension, but then decided against it only once it felt the general public outcry
toward the horrific elevator camera footage of the violence Rice inflicted upon
his wife. From that experience, the NFL
should have learned it’s always best to “measure twice and cut once.” However, here
in the flag issue the NFL handed down a broad policy, and wanted the general
public to believe that every club was for it, but this was not true. This is
exemplified by the Jets owner coming out and saying that he would not punish
(i.e. pass down the fines that the club received) any player who violated this
policy.
The other issue is the fact that the NFL did not discuss
this new policy with the players, prior to it being announced. Now, legally,
the NFL is a private corporate entity and therefore its employees are not
provided with Constitutional protections – i.e. free speech. However, I would
argue that NFL stadiums and owners who beg for their stadiums to be paid by
local municipalities (taxpayers) are in fact a governmental entity and
therefore subject to the Constitution. Regardless, the NFL, like any
professional sports league, is unique in that its labor is extremely rare. In
other businesses a policy like this anthem policy would be easily enacted as
the company’s labor is easily replaceable. So input from its labor is less
needed as they are more likely to succumb to the demands and policies of the
company’s owners for fear that they could be terminated and quickly replaced.
However, the NFL is made up of extremely gifted and rare individuals who make
the game what it is – entertaining. In turn, it is important for the NFL to
work harmoniously with its players, because, if they have an unhappy workforce,
the product on the field could suffer. The NFL failed in this respect and has strained its relationship with its players even further.
The NFL claims it enacted this policy, reported by Tadd
Haislop of Sportingnews.com, out of “respect for the flag and anthem.” Anyone who
believes that reasoning probably also believes that Donald Trump is the “least
racist person ever!” The NFL created this rule because it thought it would
boost its perception. For instance the NFL recently passed a new rule, reported
by George Henry of the Chicago Tribune,
“that says any player who initiates contact with his helmet is subject to
ejection after an in-game video review that will be decided in New York.” This
rule includes lineman. If the referees are to follow the letter of the law,
then lineman will be ejected at a rapid pace. So the rule will not be enforced,
but just used to give the average fan a “perception” that the NFL is trying to
make the game safer.
The same principle of “perception” is used with the National
Anthem Policy. The NFL believed this would make them look more patriotic, so
fans would feel that the NFL is “All about America.” The NFL really is trying
to mitigate any “bad” press (largely stemming from the President). What the NFL
really did was pour gasoline onto a dying fire, enrage its players, and preach
“patriotism” through authoritarian means of enforcement. The irony is everywhere.