Colin Kaepernick’s America

Updated Feb. 5, 2025

The First Amendment to the U.S. Constitution

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Overview

In 2016, professional football player Colin Kaepernick, then quarterback for the San Francisco 49ers, knelt during the national anthem before National Football League (NFL) games to raise awareness of racial inequality and protest police brutality against minorities in the United States. His actions sparked heated debates over free expression. Critics viewed his protest as anti-American and disrespectful to military veterans, while supporters saw it as powerful activism. 

After becoming a free agent, Kaepernick struggled to secure a new contract and eventually filed a legal case against the NFL, alleging the league had colluded to keep him from signing with another team. In 2018, Nike signed him as a spokesperson, sparking further controversy. During his first term, President Donald Trump publicly condemned Kaepernick, and several small religious colleges canceled their contracts with Nike. Meanwhile, other athletes, including then-U.S. women’s national soccer team captain Megan Rapinoe, rose to Kaepernick’s defense. 

In 2019, Kaepernick and the NFL reached a settlement, announcing that the matter had been resolved and that there would “be no further comment.” His protest remains a defining moment in sports and activism, highlighting the ongoing tension between athletes as public figures and their power as agents of social change.

The Incident and Its Aftermath

Key Incidents from the Free Speech Tracker

A Historical Comparison? Tommie Smith and John Carlos

During their medal ceremony in the Olympic Stadium in Mexico City in October 1968, Tommie Smith and John Carlos, of San Jose State University, each raised a black-gloved fist during the U.S, national anthem, using their platform to show solidarity with oppressed Black people worldwide. Like Kaepernick, the incident impacted both the professional and personal lives of Smith and Carlos for years afterward | Source: BBC

Read more about the incident here

The Role of Free Speech since Kaepernick

Kaepernick has inspired a cadre of athletes across all major sports to protest systemic racism and police brutality.

Watch Kaepernick’s 2018 Nike Commerical | Source: KPIX

Options for Discussion

Please choose from one of the three following options.

Option A

Divide the students into groups, assigning each one of the following articles to read. After reading, each group should discuss the key points, analyze the arguments presented, and prepare a brief summary to share with the class. Each group should identify the tensions the article surfaces. 

Option B

In small groups, students will discuss the following question: How can employees exercise their constitutional right to Free Speech while adhering to company policies? Each group will then share a summary of their discussion with the class.

Option C

Encourage students to critically analyze the NFL’s role in the Kaepernick controversy, including the criticism directed at the organization and its leadership. Explore the tensions that arise when private companies employ high-profile individuals. Are similar conflicts still occurring today?

Discussion Questions

  1. What is your perspective on Colin Kaepernick’s protest? Was his decision to kneel during the national anthem justified, or was it misguided? Was it an effective way to protest police brutality? Or did it do more harm than good, including how some viewed his kneeling as disrespectful to U.S. troops? 
  2. Regardless of your personal opinion, consider this question from the perspective of someone who disagrees with Kaepernick’s actions: If you were advising him, what alternative methods of protest would you suggest?
  3. How does Kaepernick’s protest relate to the broader politicization of Free Speech? Is Free Speech inherently political? Why or why not?
  4. Consider his partnership with Nike and the company’s financial gains from aligning with his activism. Does the commercialization of protest strengthen or undermine its impact? 
  5. Should high school and college students have the right to replicate Kaepernick’s protest? What about employees in the workplace? Is the replication of his protest permissible in some settings but not in others?
  6. Given that professional sports are a business, does the NFL, as a private corporation, have the authority to restrict player protests? Was Kaepernick unfairly treated by the league? Or did he ultimately benefit?

Activity

Click on these themes below: Professional Consequences

Discuss: What patterns emerge? What do these repercussions tell us about incentives or obstacles to exercising Free Speech in a professional setting?

Tracker Entries

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