By Ken Reed
The New Yorker’s Jeffrey Toobin recently wrote a compelling short piece about a First Amendment case heard by the Supreme Court in 1946. The case, West Virginia State Board v. Barnette, provides a great defense of the freedom of expression. It’s also a case that’s relevant to today’s debate about Colin Kaepernick’s national anthem protest.
In effect, Justice Robert Jackson’s opinion says that freedom requires those in power to allow citizens to express themselves how they see fit, even if it involves patriotic ceremonies, like standing for the national anthem.
To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous, instead of a compulsory routine, is to make an unflattering estimate of the appeal of our institutions to free minds. We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the price is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.
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. If there are any circumstances which permit an exception, they do not now occur to us.
Exactly. Let’s all let Kaepernick peacefully make his statement during the national anthem. Nobody is in physical danger. The country will survive.
Who knows, the national discussion sparked by Kaepernick’s actions might result in a society that operates much closer to its ideals — including the First Amendment — than it does today.
— Ken Reed, Sports Policy Director, League of Fans
Sports Forum Podcast
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Episode #21 – League of Fans’ Sports Forum podcast: Chatting About a Broken Game With Baseball Writer Pedro Moura – Moura is a national baseball writer for Fox Sports. We discuss how and why the game of baseball is broken, what factors caused it, and offer a few thoughts on how to “fix” a great game.
Episode #20 – League of Fans’ Sports Forum podcast: Coaching Youth and High School Sports Based On What’s Best for the Athlete’s Holistic Development – We chat with long-time youth, high school and college basketball coach Jim Huber.
Episode #19 – League of Fans’ Sports Forum podcast: Capturing the Spirit of the All-American Girls Professional Baseball League with Anika Orrock – We discuss the hoops AAGPFL women had to jump through to play the game they loved as well as the long-term impact and legacy they have in advancing sports opportunities for girls and women.
Episode #18 – League of Fans’ Sports Forum podcast: Talking about the 50th Anniversary of Title IX and the Lia Thomas Controversy with Nancy Hogshead-Makar – Hogshead-Makar is a triple gold medalist in swimming, a civil rights attorney and CEO of Champion Women.
Episode #17 – League of Fans’ Sports Forum podcast: Talking Sports With Legendary New York Times Sports Columnist Robert Lipsyte – We chat about Lipsyte’s amazing career and some of the athletes he covered.
Media"How We Can Save Sports" author Ken Reed appears on Fox & Friends to explain how there's "too much adult in youth sports."
Ken Reed appears on Mornings with Gail from KFKA Radio in Colorado to discuss bad parenting in youth athletics.
“Should College Athletes Be Paid?” Ken Reed on The Morning Show from Wisconsin Public Radio
Ken Reed appears on KGNU Community Radio in Colorado (at 02:30) to discuss equality in sports and Title IX.
Ken Reed appears on the Ralph Nader Radio Hour (at 38:35) to discuss his book The Sports Reformers: Working to Make the World of Sports a Better Place, and to talk about some current sports issues.
- League of Fans Sports Policy Director Ken Reed quoted in Washington Post column titled "What happened to P.E.? It’s losing ground in our push for academic improvement," by Jay Mathews
League of Fans is a sports reform project founded by Ralph Nader to fight for the higher principles of justice, fair play, equal opportunity and civil rights in sports; and to encourage safety and civic responsibility in sports industry and culture.
Sports & Torts – Ken Reed, Sports Policy Director, League of Fans – at the American Museum of Tort Law
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