Panel session sponsored by the Sports Law Committee of the New York City Bar sheds light on player protests.
There’s renewed debate these days about whether athletes should be allowed to speak out politically or make on-field demonstrations. The commotion was sparked during the 2016 NFL season when San Francisco 49ers quarterback Colin Kaepernick took a knee during the National Anthem.
The reaction to Kaepernick has been deeply polarizing. Similar protests have come from other NFL athletes, as well from the WNBA, NBA, and MLB players. Owners, fans, and the media have expressed a wide range of reactions.
Teri Patterson Smith (photo, Georgetown University)
But there wasn’t disagree among panel members who spoke before the Sports Law Committee of the New York City Bar on April 30.
The panel included Alex Lasry, Milwaukee Bucks Senior VP; Adolpho Birch, NFL Senior VP; Teri Patterson Smith, NFLPA Deputy Chief Operating Officer and Special Counsel; and Andrew Hawkins, former NFL wide receiver.
Panel members gave a resounding thumbs-up to athletics expressing their opinions. Ms. Smith put it this way: “Athletes have spoken out on other issues, like JJ Watts on the hurricane [Harvey] victims. There shouldn’t be a limit on what causes are important to them.”
There’s a curious inconsistency, though, with respect to public response. When players choose to protest social injustice, there’s far more public support for NBA athletes than for NFL athletics.
One reason is that the NBA has taken a more progressive stance in the past on social issues. One example is how the League moved the 2017 All-Star Game from North Carolina after that state passed its controversial transgender bathroom bill. Before that (in 2014), Commissioner Adam Silver (then new to the job) banned Donald Sterling from the NBA for life following the release of tapes that revealed racist attitudes.
But it’s likely that a far more influential reason is the stance taken by Donald J. Trump. Trump’s vulgar and divisive remarks (calling protesters SOB’s) fueled his political base, sent the NFL into a panic, and grated an NFL player population that’s predominantly African American.
In contrast, when Trump attacked Golden State Warriors star, Stephen Curry, Curry responded by saying he wouldn’t accept an invitation to go to the White House. LeBron James chimed in, calling Trump “a bum.”
With almost no public support for lashing out at the NBA, Trump targeted his angst at the NFL.
Alex Lasry (photo, GMTODAY.com)
During his panel comments, Alex Lasry offered his take on why the situation has shaken out as it has. “The NBA is a personality-driven league,” he said. “It’s harder to dampen those personalities without other consequences. In the NFL, you’re taught from early on to ‘protect the shield.’ Even the uniforms reinforce this because fans don’t see faces of NFL players while they’re on the field. Many of them may not see the faces of much of the League’s players at all.”
Adolpho Birch wholeheartedly agreed. “We have a saying in the NFL: ‘John Elway retired and the NFL kept going.’ Even the strongest individual personalities in the NFL come second to ‘the shield.’ The NBA also generally offers guaranteed contracts, which the NFL does not. Other NFL players have watched Colin Kaepernick pay a very heavy price for his refusal to stand down. Most NBA players do not face that same consequence.”
It adds up to this outcome: the NFL tries to occupy a broad “middle space,” seeking to be an entertainment equivalent of a ‘Purple State’ (politically). With that, the NFL tries to please everyone. But the problem is clear: sooner or later you’ll please no one.
Besides, NBA fans are the most left-leaning group of fans politically in major American sports. The NBA accepts and embraces that positionality, which contributes to League unity.
So while there’s much to be said for sports bringing together fans of different backgrounds, sometimes it’s important to take a stand. Otherwise, an organization–even a league–risks being ripped apart from the inside-out. But the key is being able to take the right stand.
The NFL’s Anthem policy–an attempt to reduce controversy–further inflamed the divide instead. Trump added gasoline when he lauded the policy, adding that players who choose not to be on the field (to avoid standing for the anthem) “shouldn’t be in the country.”
The NBA sees it differently. From top to bottom, the NBA ridicules Trump. Nearly every star of the 2018 NBA Finals made it clear that–no matter which team won–they wouldn’t be going to the White House.
It’s ironic that the NBA reacts as it does when League rules require players to stand for the National Anthem.
One way to address the larger issue is to have more diversity in management. The pace of change has been slow in that regard. The leagues seem to be out of touch with players and the evolution of society.
Andrew Hawkins (photo, Cleveland.com)
Let’s face it: the issues players face are felt in deeply personal ways. Fame doesn’t strip them of their humanity, either. Wouldn’t it be peculiar if they stood silently by as people from similar backgrounds and neighborhoods are being treated inhumanely?
Andrew Hawkins summed up that sentiment: “If there are more people in management from a background where these issues are important, there is more room to speak about them. Maybe by bringing these issues to the forefront, kids start asking questions about these issues a little earlier as they grapple with conversations around their favorite players.”
He ended by uttering a statement that should reverberate across America: “Maybe, just by taking a knee, these athletes are actually doing their jobs.”
Ms. Garrick, you have presented a thoughtful, informative and important commentary. Thank you!!! Your article should be required reading for everyone who cares for our country.