True, the First Amendment does not prevent a private enterprise from acting but firing an employee for engaging in an activity that is legal and not in violation of his contract terms would entitle him to sue for the guaranteed balance of his contract.. So, if the team wants to can him and pay his contract they are free to so; he will catch on with another team at the league minimum and potentially be paid to beat the old team.
The argument also misses my point: the activity in question is protected by the specific right that allows the self-righteous to hate on Kaepernick in the first place. Americans don't fight for the right to stand up shut up and conform. Never have. Never will. Absolute ideological conformity is the province of religion and dictatorship. The nazis were very good at getting everyone to shut up and toe the line. Didn't work out so well.
Legalities aside firing him would be an unbelievably stupid maneuver. The league is 80%+ black. Management sending a message that they will tolerate all manner of behavior except black political speech would cripple the team's ability to recruit and sign free agents. Given the team location and market I suspect it would also offend more of the team's fan base than it would appease.
Last edited by Exhibitman; 09-05-2016 at 05:32 AM.
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