New NFL Anthem Policy A Close Call Under First Amendment

Law360 (June 4, 2018, 6:18 PM EDT) -- Private-sector employees have not typically enjoyed a right to free speech at the workplace, but National Football League players who try to challenge the league's new policy requiring them to stand during the national anthem may have a legitimate basis to seek First Amendment protection for their right to protest racial injustice, experts say.

The new policy seeks to quell a wave of protests started in 2016 when former San Francisco 49ers quarterback Colin Kaepernick started kneeling during the national anthem to bring attention to the mistreatment of African Americans by police. The protests quickly became a hot-button political issue, exacerbated...

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