At this week’s Rose Café, I had the pleasure of engaging in a discussion regarding labor law with Professor Angela Cornell, clinical professor of law at Cornell Law School. During our group conversation, Dr.Cornell primarily spoke about the Colin Kaepernick debate and the legal implications surrounding his decision to kneel during the National Anthem prior to football games. As an avid football fan, I have been following the Kaepernick situation closely. However, I do not always get the opportunity to examine the situation through a legal lens, which is why I valued hearing from Dr.Cornell on the subject.

One of the questions that transpired during our discussion was whether or not Kaepernick’s actions were legal, since he is employed in the private sector through the NFL. I was also curious about this question, as I did not know whether Kaepernick had a legal responsibility to stand for the Anthem if his employer, the NFL, mandated him to do so. According to Dr.Cornell, due to the National Labor Relations Act of 1935, and due to the collective bargaining agreement between the NFL Players Association and the NFL, Colin Kaepernick’s right to protest was actually protected under law. Additionally, the league could not enforce its anthem policy it passed prior to this season, as it did not consult the NFL Players Association prior to its decision.

Thus, I found our talk with Dr.Cornell very interesting and engaging. I especially liked how she was personable and wanted to understand our perspectives on the situation. The next time I hear people discussing the Kaepernick debate, I can now be a more informed contributor to the conversation.