Harvard professor: NFL ban on protests is illegal

[triron]

http://thehill.com/blogs/blog-briefing-room/news/389476-harvard-law-professor-nfl-ban-on-anthem-protests-is-illegal

[onecaliberal]

1. BOOM!

[DemocratSinceBirth]

2. It's ironic when some posters

It's ironic when some posters highlight the fact that the First Amendment only protects you from reprisals by the government for exercising your First Amendment rights. They are ignoring a lot of contract and labor law. Who knows how the rule would stand up in court ?

[MichMan]

3. It would be unclear to me that since the rule involves what happens at the game....

…..that it falls under what the players union has bargaining power over.

I didn't think every rule change had to be approved by the player's union, but am not privy to the contracts. Maybe it does? Does the union have to approve what the penalties are for for infractions of the rules like end zone celebrations etc.? What about the penalties or fines for targeting the quarterback?

If indeed he is right that it is a labor contract issue, why even bring up what Trump or Pence says, as it would be meaningless, so all the angst over it doesn't make any sense. ?

He is a Harvard professor and I'm just a lowly engineer, so my opinion is most likely worthless anyway. Based on his statements, he seems to be aware of the contract details between the NFL and the player's union which of course, I am not.

[MichMan]

4. I don't think this professor is correct.

The more I think about it, I don't believe the Harvard professor is at all correct. While he may be right that a fine or discipline on the players directly would fall within the contract between the NFL and the player's union (assuming it is covered in the contract) , I don't think that is applicable here.

As I understand it, the new NFL rule imposes fines on the individual team organizations if the players don't conform. If that isn't the case, I would like to see what the rule is.

I can't imagine that a rule that the NFL imposes on the TEAMS within it's own organization is somehow negated by a contract with the PLAYERS. You would have to believe that the NFL certainly has the power to fine the Dallas Cowboys organization for a rules violation without the players union being involved in agreeing with it.

Either the professor is mischaracterizing it intentionally or isn't nearly as smart as he thinks he is.

[mythology]

5. One problem with that analysis is the amended document

Hasn't been collectively bargained in the past.

Historically it's been used for game operations like mandating the quality of the away team locker room and such.

But that is still the best way to challenge the new rule in my opinion.