usmbguest5318
Gold Member
When it comes to one's expressing their (dis-)approbation of an idea -- that is, one advocating/protesting [1] for or against it -- almost any time or place is permissible, though there are some limits. The key factors to keep in mind regarding protesting are the location of the advocacy/protest and the form of the protest.
Locations:
Putting things together:
So thinking about the NFL players' "kneel" advocacy, what type of advocacy is it and does it occur in publicly or privately held property?
Well, it's personal advocacy. That's clear as goes Colin K, that there was no demonstration going on. Even when various players at games arbitrarily took a knee, that was still just individual advocacy. It was just multiple individuals, as a result of some external stimulus, doing the same thing at the same time -- much like schools of fish -- which outwardly can look similar to a demonstration, but it's not a demonstration. If the team were to somehow get fans in the stadium to also "take a knee," that would shift the thing from being multiple individuals doing the same thing at the same time to being an impromptu demonstration. The kneeling players are no more demonstrating than are all the fans in the stand when they stand and cover their chests for the playing of the Anthem.
The NFL players' pre-game advocacy happens in a public place, provided the football game in question is being played in a stadium owned by the city, county, or state and then leased to the team/NFL. The advocacy happens in a private place when the stadium is privately owned/controlled. Last I'd heard, the Redskins, Jets/Giants (100% of the building, but none of the land), Panthers, Dolphins, and I think Dallas, but I'm even less sure about that.
Note:
Locations:
- On private property, one can only protest/advocate for a cause to the extent the owner/overseer/custodian of the property will allow it to happen. Private entities/persons are under no obligation to grant/accede to one's exercise of one's 1st Amendment right of expression. For instance:
- USMB, Google, Facebook, Twitter, Instagram, etc. are well within their rights to promulgate and enforce content rule pertaining to posts and content placed on their sites.
- Private colleges and universities are under no obligation to permit anyone to say what they want where and when they want.
- On public property, there are very few restrictions. There are some limits about demonstrating within certain distances of schools and embassies, but as an individual, one can advocate pretty much anywhere one can access.
- Personal advocacy --> This is all sorts of things...wearing a "cause" garment, carrying a placard, using certain hand signals, bumper stickers, etc. Individuals don't need anything, other than their will, to advocate for whatever it suits them to champion.
- Demonstrations --> This is a formally organized event where at people gather to advocate en masse for their cause/idea. This is what one may need a permit for, depending on where one demonstrates
Putting things together:
So thinking about the NFL players' "kneel" advocacy, what type of advocacy is it and does it occur in publicly or privately held property?
Well, it's personal advocacy. That's clear as goes Colin K, that there was no demonstration going on. Even when various players at games arbitrarily took a knee, that was still just individual advocacy. It was just multiple individuals, as a result of some external stimulus, doing the same thing at the same time -- much like schools of fish -- which outwardly can look similar to a demonstration, but it's not a demonstration. If the team were to somehow get fans in the stadium to also "take a knee," that would shift the thing from being multiple individuals doing the same thing at the same time to being an impromptu demonstration. The kneeling players are no more demonstrating than are all the fans in the stand when they stand and cover their chests for the playing of the Anthem.
The NFL players' pre-game advocacy happens in a public place, provided the football game in question is being played in a stadium owned by the city, county, or state and then leased to the team/NFL. The advocacy happens in a private place when the stadium is privately owned/controlled. Last I'd heard, the Redskins, Jets/Giants (100% of the building, but none of the land), Panthers, Dolphins, and I think Dallas, but I'm even less sure about that.
- NFL Stadium Funding Information -- The info in this document is informative but not definitive (save for the Giants/Jets) on who holds title to the stadiums noted in it.
Note:
- As goes free speech law, advocacy and protest are the same things.
- For a brief discussion on the circumstances in which discussion can be limited, see: Limitations on Expression - LawShelf Educational Media