To Stand, Kneel, or Skip

Newell Normand
Wednesday, July 11th
Do you think the NFL's national anthem policy 'infringes on the players rights?'  Well that's what the NFL Players Association is contending so they've filed a grievance challenging the policy.  The NFLPA says the league issued the policy without consulting them which is 'inconsistent with the collective bargaining agreement and infringes on player's rights.'  An independent arbitrator will hear the filing.  The NFL policy will allow players to remain in the locker room during the national anthem.  It forbids them from taking a knee or sitting if they are on the field/sidelines.  If players don't comply the teams could be fined and can choose to punish the players.  Do you think this will negatively impact NFL ratings even more?  WWL legal analyst and host of All Things Legal, Doug Sunseri, talks to Newell about the rights of the players vs the rights of the NFL.

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

We're back allegedly. The players and management had worked out an agreement in a felony NFL Pia is relates to the National Anthem you don't stamp on a national income you can stay in a locked room if you go out on the field. In the presentation of them marketing their product they want everybody to stand up obviously. That was not a satisfactory. Position. Joining us on the line dug sincerity Doug Dario legal analysts and hope and host of all things legal welcome to show Doug. Good morning though so please explain to us it would is Cologne. Term. I got my return they would determine whether the patients about are on the child. But in legal terms. The NFL are. Instituted. A I guess it's very generous. Procedure for the National Anthem. Basically with the says she stated before was that the players to stay in a locker room will be respectful on the field dornin national and it. In NFL has several powers to do that according to the agreements in the collective bargaining agreement first while the commissioner has broad powers. To take any action. All govern any action packed for detrimental conduct Colombia or players. And also mr. or action over game day operation. So arm and also the genes. Have the ability to impose reasonable club rules. For foreign players so they have an adult and we powers. To implement this policy we really don't each approval for NFL PA. And it felt the same all we're doing is very peaceful demonstration. And it not detrimental to the games so therefore have to be collectively bargain bargain and that's where the dispute this. That should corpses dispute. So everybody. Connie in just for the benefit of the listening audience everyone says well you know that you got a First Amendment right to do this year of a First Amendment right to do that first amendment rights or protections against against government. Intrusion. Right and into well any NFL is not a government intrusion. True to what you know. I ought to get a little crazy but then to use these. ESPN and sports commentators lecture us use our wars about the First Amendment they have no idea winters. But the box on resist the NFL players got their First Amendment all right while they're on the field. They do if they feel they don't ever first men like to protest. They're really they're over there really like on one level up from an invited guest. If that's exactly right. In so it you know I'll say this I don't know if you watch on a game on game day got injured former at least be all pro. Player for a nickel state they would Kansas City Chiefs. He's sitting there with a clipboard. It's it's great player does not here this fox pulled out all the way to choose to Obama and his pants he could be 55000. Dollars. Because. The NFL has the ability to legislate or dictate. How the players are act and perform on the field. And if they don't there are subject to rules and or why. Yeah you can all you can have a uniform of the day and they have to adhere to the uniform. Right it's and so to say right now out of India parallel you could appreciate this dual. For example the Dallas Cowboys wanted to peacefully. Pay our respects to the Dallas police officers who were killed and a lot of dignity. The NFL said no you can't do that. You know felt respected. Doubt cowboys didn't like nurtured announced it like it but he respected because the commissioner. Has the ability. To govern game day operation and and those type of issues. So. Where he gets to the point when you have 53 players on roster 32 teams you do the math. You gonna have everybody that it's that's got a different issue of the day that they wanna have been memorial lies and it's all well intentioned again it but you can't manage it. It becomes. Problematic. Well it would issue squeeze. Can be protested what that would issues can't be protested and actually have to give kudos to the NBA atoms Silber. He shut that down or if you've got started. And it hadn't really been an issue with you and an NBA out the NFL national science and policy has had detrimental effects. Q the NFL viewership is down sponsorship is down. Are the surveys regarding. The level of enthusiasm for the NFL from middle America is down. And the NFL has had it commission has a definite right to control the marketing of its product. In this state think that the market their product is impaired. By National Anthem protest. The commissioner has the right to address. So where where does this thing and obviously the the players. Because of I guess a gentleman's agreement that was reached between the NFL PA in the NFL they didn't wanna go into court and wanted to give the NFL an opportunity. Two were mediate this thing because it. The policies one thing. The enforcement of the policy is probably where there's a more of a slippery slope under the collective bargaining agreement than otherwise score. I think that the NFL he would chewed rafts. That is the told the players you have an option it's not count the place you don't have now you have to stand at attention. What is it saying is if you decide not to participate in this actually at the more you have some grievance with its state opera. So it's not like they'd all they're being requested they gave an actual. They're not requested these something against it world purse that they can say in the locker room or not. Now here's my theory I went out and work and a cell no and of the attorney and it felt yet. And we we do this attorneys know as you know sometimes you climbs a wall you. And it all they don't believe Roxy and go to court get run over by the train. And then they'll realize their law. That would I would suspect that there are certain aspects and it's LPGA is they know that the I auto sale odd informed consensus as well informed. But doesn't really understand. How business works on and it now works registered it will narrow view. There's. You probably oh by arbitrator. But we're gonna do it because outlet to Auburn traders say he can't do it rather an ops we pulled reserve sort of coal standing with view. As the NFL PA era. That's a lot of my theory should. But because I just don't see legally and musical collective bargaining agreement that they and it felt PA has any shot. You know under an enough talk about this before. Is that. As employees. You you have certain. Rights under title seven and otherwise. But they're very limited. In most of these states where these NFL teams are in or at will State's. You know yeah you. You enter into negotiations. Vis a vis the union representation in the collective bargaining agreement. You it's a balance of interest you give up rights you get more rights you know for for other things and when you have something like this in your step and out onto this field applying. That's you're at work I mean that's like been a UPS driver and saying I have the right to to put a sticker on Osama ban. That advocates whatever position I want on that day. And I don't care what the UPS or FedEx folks have to say about it because I have a right to free speech that worked out. And I put it in terms when you have lineups inspections. Or official official options you have officers kneeling down went up you know in the presentation of the flat. You have a right to say as we share no stand up and respect this is where you line up this year protocol. If you win I if you're wearing cover hat you salute if not put your hand. On your heart. It is exactly right now in assisted misconception. Because I think people. Pop culture. Takes certain aspects of the constitution apply that without the proper context gesture at first amendment rights but not at work while you're employed. Yeah I mean if you if you think about it you carry to the point of the ridiculous this guest. Polite of a better term if you think about collectively all the employees in this country and when they all go to work that they have a right to say or do whatever they want and stand up for whatever cause it may be could be. Leukemia the heart foundation this that are otherwise. That doesn't have to be a racial equality issue or any other. How do you manage. It's it it would be a 24/7. I guess advocacy. You know after the future rather work going on this is war. And so I think you know again this is the thing that people you know players play these players. 90% of them are going to be moderately in four years. They'd all day it'll you're not the future easily it is here temporarily. And for them to be dictating in the long term. I guess future of the NFL. Is is is sort crazy but. You know again. This team has the right. To market itself in the most favorable fashion and and it's good business never to exclude. Any portion of your. Will be customers which is National Anthem policy dose. Yeah I mean you know look you can walk out of the the goal you can walk out any NFL stadium and go to a public. Piece a land on the sidewalk Hornish dirty into the neutral ground or whatever. Before the game after the game. And say whatever you want. Way way way whenever you want. You know have a banner talk about whatever it is that you want but. You know you're you're really an invited guest when you're there on on the field. And absolutely you place on. And there I mean they played football but they're not educated as to life. They're just not I mean it's quite retort for your soul and RB is very actually aired read. Through it all broke out or say these ships this go or not is. Maybe be all mama sit about it neo colonial on offseason and he really doesn't have any employment he's like you know our. I may not feel now. Job I thought. You know who it is a very sugary action fantasy would you know what's really going on here but I mean basically and it felt needs you know they have a right to control. Look we all went through those years of being very young and we always do those years of thinking that we were not dispensable. Pin and it's so important Tom premature we wake up and we realize 00 wait a minute. I am dispensable I am the center of no universe and I just can't make these demands. That are not based on reason. He. Absolutely lie it's. I think it's I think NFL PA is going through this answers. To maintain its political standing with his players even know I think they know that they have a 90% chance. Now the timing of this real quick Doug because I gotta get to a break is that. Once the NFL puts the rule out in advance of the season has like a time period then it it's it's embraced and they they really under the CB I think they can't say anything at that point in time so there's like this time that this is there's as a window of opportunity to do what they're doing. And at that time was running out before the beginning of this season is correct. Yeah yeah I think really it would and it felt position is NFL PA as those sales we do we can do whatever you want on these rules. Because involved game day operations girls are detrimental conduct. So what you like you're not gonna do you have not a mystery about the issue is that has fallen that pocket or does that follow in the pocket. You know meeting detrimental. Conduct to regain and that the and a and it just some type of collaboration force liberals concerned. Absolutely ducks insert and thanks so much for joining us W them on our legal analyst and host of all things legal always appreciate your insight thanks our I don't know ever. You have a great week as well we'll be right back we wanna hear from you 260187. Near Texas at 87870. Will review will be right back this is rule on debit audio.