Quote:
Originally Posted by crockett
Your argument becomes null and void because the point in which they are protesting is during the national anthem which is a salute to the flag of the USA. No employer can force you to salute to any flag..
It would be like being forced to say prayers at work. They would have every right to sue and most certainly would win..
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Thats not as clean as an issue you would like it to be. Currently there is no California law on point. There are flag salute cases but those didnt involve a private employer but a public school.
Prayers I think are a much better case. If an NFL team required a Christian invocation by the players before the game then yes, I think you have an easy case there, especially by a Muslim, Jewish person, Atheist, or a person of any other religion.
Kap is an American citizen. As are the other players who are protesting. If they were foreign players, then they would have a reasonable basis to not salute the US flag or stand during the anthem. Then its not a protest. That isnt the case here.
But certain employers can require not only a salute but also a pledge. All lawyers pledge to uphold the Constitution of the US when they are sworn in. If you dont swear to defend the Constitution you simply will not be admitted to practice. All US military members swear the same oath. As do most first responders, judges, political officer holders.
If a Judge refuses to uphold the Constitution as a part of their employment should they still be employed ?