Babcock McGraw: First Amendment weighing heavy on sports world

If San Francisco 49ers quarterback Colin Kaepernick wants to sit or kneel for the national anthem before his games, let him.

It's certainly tacky and disrespectful, but the beauty of this country is that Kaepernick has the First Amendment right to express himself any way he chooses.

Freedom of Speech. We are all entitled to an opinion, and we are all entitled to express it by saying or doing even disrespectful and controversial things.

Kaepernick, who is trying to make a statement about racial injustices in America, isn't breaking any laws. And as long as he isn't violating any workplace rules, then he shouldn't be fined by the NFL.

I took some flack this summer for supporting the WNBA's original decision to fine a group of players for violating the league's uniform policy, a decision which it then reversed under pressure. They were wearing shirts during pregame warm-ups that supported the Black Lives Matter movement.

As I explained, the problem wasn't the players' support of the movement, it was that they were violating the league's uniform policy, which is very strict and doesn't allow for any unapproved gear … probably for the very reason to avoid controversy. My point was that rules are rules. If the players wanted to show their support of a cause and not get fined, then find another way to do it that doesn't involve breaking a league rule.

If WNBA players started sitting or kneeling during the national anthem, just as pro soccer player Megan Rapinoe has done as a nod to Kaepernick, I don't think they would be fined. I'm not aware of any rules in the WNBA about what a player can and can't do during the national anthem.

So make a statement that way.

The "First Amendment" case of Hope Solo is a little trickier.

Two weeks ago, the goalie of the U.S. national team - check that, former goalie - was suspended for six months and her contract was terminated after she made comments that U.S. Soccer categorized as "conduct that is counter to the organization's principles."

After the U.S. lost to Sweden in the Olympics, Solo called the Swedish players "a bunch of cowards."

U.S. Soccer president Sunil Gulati said, "The comments by Hope Solo do not meet the standard of conduct we require from our national team players."

That's a gray area there.

Honestly, I don't think Solo's comment was that awful. Not classy? Sure. But worthy of a suspension and terminated contract? No. Unless U.S. Soccer has rules that specifically state that players cannot voice unflattering opinions of an opponent, then this ruling is purely subjective.

Some have suggested that since Solo pushed the envelope before with her behavior (mostly in her personal life) that the leash was shorter for her, and she was made an example.

Also not fair.

The women's national team players association was planning to appeal on Solo's behalf.

"Given the cited conduct and alleged policy violation, we believe the proposed discipline to be excessive, unprecedented, disproportionate and a violation of Ms. Solo's First Amendment rights," said Richard Nichols, executive director of the players association.

Heavy stuff.

Honestly, we all need to lighten up and not worry so much about what other people do or say. We have become so overly politically correct in this country that we are stifling individualism, expression and, more important, an individual's potential to entertain us.

If someone wants to say or do something that out of the norm, controversial or dumb, let them. As long as they aren't hurting anyone else or breaking any laws, they are simply providing us with interesting water-cooler fodder.

In many ways, people like Colin Kaepernick and Hope Solo keep sports interesting and entertaining. Do we really want to muzzle that?

pbabcock@dailyherald.com