A wise man is reputed to have observed: “Fools rush in where angels fear to tread.”
Well, few have ever asserted that I am a wise man. A wiseacre, perhaps, but that’s something different. I am the first to admit that I am no angel.
Consequently, I am probably a fool – because here I tread.
I refer, of course, to our vice president’s grandstand play before the kickoff of the recent Colts-49ers NFL game.
I’m not going to get into a retelling of the entire chain of events that led to Mr. Pence’s early exit. Barrels of ink have already been wasted parsing the finer, or even the more obvious, points of free speech under the First Amendment to the United States Constitution.
For those who may have forgotten, or perhaps never knew, the applicable language from that cornerstone of our republic reads as follows: “Congress shall make no law…abridging…the right of the people peaceably to assemble and to petition the government for a redress of grievances.”
Under our laws and traditions, the protections extend beyond spoken or written speech, and include symbolic speech or expressive content. Taking a knee to protest perceived unequal treatment at the hands of law enforcement and beyond is “protected speech.” Period.
As much as we honor or respect the flag no matter how offended we may be by the lawful means by which the protest is expressed … those considerations cannot be allowed to outweigh the First Amendment.
As the First Amendment Center at Vanderbilt University writes in its web page, “Freedom of speech forms the lifeblood of our constitutional democracy. It separates us from totalitarian governments and other places where individual freedoms are not respected.”
NFL players have a constitutional right to take a knee as a sign of protest.
Mr. Pence has the constitutional right to leave the game before kickoff to protest what he (or his boss) perceive to be disrespectful of the flag.
Having come to this conclusion, I am still bothered by an asterisk that some appear to wish appended to the right to “petition the government for a redress of grievances,” that being “Players have a right to protest, but they should do it on their own time.”
There is nothing in the Constitution that ordains the status of being an employee as somehow limiting the protections afforded by the First Amendment.
Which is not to say exercise of the right might not have adverse consequences.
For instance, Colin Kaepernick, the 49er quarterback who was the first to bend the knee, apparently has lost his career. Each of those who have taken part in subsequent demonstrations have done so realizing that their jobs could be on the line, especially if club ownership follows the advice of a president who took an oath to “preserve, protect, and defend the Constitution of the United States.”
That advice? “Get that son of a b—h off the field!”
Come to think of it, what if that “do it on their own time” test was applied to the antics of Mr. Pence?
As vice president of the United States, is he not an employee of – us? That being the case, does it not logically follow that he should refrain from acts of protest while on the job? Just saying.
Mr. Pence has suffered no ill effects from his act of free expression. To the contrary, he has received accolades from his president and the president’s base.
The only folks on the hook for his actions are we the people, who have to pony up almost a quarter of a million tax dollars to pay for freighting him around the country so he could take part in a poorly conceived and poorly executed political stunt – and get back to California in time for a political fund raiser.
If Pence wants to protest disrespect for the flag, he might consider doing so the next time Old Glory is spread across the playing field during pre-game ceremonies.
According to the American Legion internet site, quoting Title 4 of the United States Code, Section 8, Subparagraph (c), “The flag should never be carried flat or horizontally, but always aloft and free.”
I won’t be holding my breath, or taking a knee, in anticipation of his righteous wrath.