
Across the country, African-American athletes have been taking a knee or raising a fist during the national anthem. They are protesting the killings of Black men and women by law enforcement officers and the systemic failure to hold anyone accountable for those killings. They have put their and on the line for doing so.
As the Supreme Court has long recognized, :
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.
Like others, President Trump is free to criticize the athletes for protesting. But now he has by threatening the NFL and its teams with if they dont discipline players who exercise their First Amendment right to protest police brutality and racial injustice.
Public officials have the right to express themselves and use their celebrity to state their views. But the First Amendment prohibits them from threatening against private entities to stifle protected speech of individuals exercising their constitutional rights.
For example, in 2000, a minister bought billboard space in the Staten Island borough of New York City for two advertisements that offended the borough president. The borough president then to the billboard company noting that it derives substantial economic benefits from its billboards and calling on it to discuss further the issues I have raised.
Essentially, the borough president delivered the veiled threat, Nice billboards youve got there. It would be a shame if anything happened to them. Unsurprisingly, the company pulled the advertisements. The minister sued, claiming a violation of his First Amendment rights.
As the Court of Appeals for the Second Circuit , the officials implicit threat of retaliation violated the First Amendment by inducing the owner to silence the ministers speech. The same issues are raised by President Trumps threat to take action against the NFL or its teams if they dont prohibit players from taking a knee.
Even if the NFL or its teams dont ultimately suffer loss because Congress or the IRS dont take up the presidents cudgel, thats not the point. The point is that no governmental official, from the president on down, should ever threaten anyone with official action of any kind for the exercise of protected speech. Official threats alone can chill speech, with or without actual punishment. The bully pulpit should not be used to bully anyone into conformity, control, or censorship.
By attacking the athletes, President Trump is reading from the Southern strategy playbook in more ways than one. He is stoking racial bigotry by demonizing them for exercising their First Amendment rights, and he is continuing the sordid tradition of silencing protests against racial injustice. For example, southern states sought to silence the civil rights movement by and awarding millions in damages against . The presidents rhetoric is following in those disgraceful footsteps.
Along with his threat to for its reporting, the presidents broadside against the NFL makes him sound like a nascent dictator, not the president of a constitutional republic. Now more than ever, that is why we need the First Amendment and why the 勛圖眻畦 defends it.