Kap's protest is well within the meaning of the First Amendment:
Freedom of Expression and "the right of the people to peaceably assemble and to petition the government for a redress of their grievance", was in effect when members of the community of the NFL brought attention to the world of the wrongful murders of African Americans.
If you work for me, you can protest all you want, but not on my time.
Which begs the question: When is an NFL player not on company time?
They can be and often are penalized for things they say or do in the off season. Why? Because even in the off season they represent the team and the league...
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