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posted by janrinok on Sunday June 03 2018, @10:47PM   Printer-friendly
from the naughty-naughty dept.

The Center for American Progress reports

Last month, the NFL announced a new policy for its players during the national anthem: Players are permitted to stay in the locker room during the anthem, but if they go out onto the field during it, they must stand. If any of the players takes a knee, the team will be fined.

Soon afterwards, a Wall Street Journal report confirmed what most have long suspected: That President Donald Trump's public outrage about NFL players protesting police brutality and systemic racism during the national anthem at football games heavily influenced NFL owners to change the rule, and discouraged them from signing players who would protest.

It's all terrible news for those in favor of free speech and peaceful protest, and for those against white nationalism and police brutality.

However, Mark Geragos, the lawyer representing Kaepernick in his collusion lawsuit against the NFL, [...] believes [...] that Trump's direct influence over NFL owners on this issue violates federal law. U.S. Code 227 [which] says that members of Congress or the executive branch cannot "wrongfully influence a private entity's employment decision ... solely on the basis of partisan political affiliation".

A few revelations from the last couple of weeks strongly support Geragos' case here, and it's important to remember that Geragos knows much more about the case than we do--he has taken the depositions of more than a dozen NFL owners, while the public only knows about the depositions that have leaked.

[...] Of course, influencing the private hiring decisions of a company isn't the only part of U.S. Code [227] that needs to be proved; it would also have to be shown that Trump did it for partisan political purposes.

That sounds trickier to prove, but in this case, that's not necessarily true. First of all, Trump's comments were made at a political rally supporting an Alabama Republican candidate for US Senate--an expressly partisan environment. And according to the WSJ, Trump told Dallas Cowboys owner Jerry Jones in private conversations that the issue was a "winning" one for him.

Previous: NFL: New National Anthem Rule; NY Jets CEO: Break the Rule and I'll Pay the Fine


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  • (Score: 3, Informative) by Anonymous Coward on Sunday June 03 2018, @11:14PM (1 child)

    by Anonymous Coward on Sunday June 03 2018, @11:14PM (#688126)

    Fuck you and fuck the flag. [wikipedia.org]

    The ambiguity with regard to flag-burning statutes was eliminated in Texas v. Johnson (1989).[117] In that case, Gregory Lee Johnson burned an American flag at a demonstration during the 1984 Republican National Convention in Dallas, Texas. Charged with violating a Texas law prohibiting the vandalizing of venerated objects, Johnson was convicted, sentenced to one year in prison, and fined $2,000. The Supreme Court reversed his conviction in a 5–4 vote. Justice William J. Brennan, Jr. wrote in the decision that "if there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable."[118] Congress then passed a federal law barring flag burning, but the Supreme Court struck it down as well in United States v. Eichman (1990).[119][120] A Flag Desecration Amendment to the U.S. Constitution has been proposed repeatedly in Congress since 1989, and in 2006 failed to pass the Senate by a single vote.[121]

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  • (Score: 1, Flamebait) by realDonaldTrump on Sunday June 03 2018, @11:41PM

    by realDonaldTrump (6614) on Sunday June 03 2018, @11:41PM (#688138) Homepage Journal

    Dumb tweet. Saying "fuck the Flag" or burning the flag isn't partisan either. It's not an R thing and it's not a D thing. And maybe it's a nobody thing. Really, who does that?

    Scalia, great guy (RIP!!!), went the wrong way on that one. He said if he was the King he wouldn't allow it. But he decided to allow it! Nobody should be allowed to burn the American flag -- if they do, there must be consequences -- perhaps loss of citizenship or year in jail!