The lessons of the Colin Kaepernick kerfuffle

Some people stand up for what they believe. Some people sit down. Occasionally, they pour beer on each other.

Welcome to the curious mix of sports, politics, patriotism, and claims of oppression in the United States of America.

San Francisco 49ers quarterback Colin Kaepernick has drawn the ire of the nation for doing something Kaepernick's been doing a lot over the last couple of years: sitting out. When the national anthem played at a 49ers preseason game last Friday, Kaepernick stayed on the bench rather than stand as players and fans alike have done for far longer than Kaepernick has been alive. This immediately put me in mind of an incident that has achieved legendary status among my family and friends. In the spring of 1982, more than five years before Kaepernick's birth, my then-girlfriend and I invited our fathers to an Angels game so they could become acquainted. Before the game started, the young man in front of Dave, my girlfriend's father, refused to stand for the national anthem. A Navy veteran, Dave poured his beer over the young man's head and told him to have more respect. The police at the stadium thought it was pretty funny, and settled for separating our two groups for the rest of the night.

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Now, that's not an acceptable form of counter-protest, from a legal or a moral standpoint. Legally, that would be battery — beer battery, I suppose, but still a misdemeanor. And yet, when we told that story more out of a sense of chagrin, everyone who heard it had the same reaction, regardless of political orientation: I'd like to pay him for the beer.

Kaepernick says he deliberately remained seated as a form of protest. "I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color," the quarterback told NFL Media's Sam Wyche. "To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder."

It's clear that Kaepernick feels deeply about these issues. Just exactly how Kaepernick's decision to sit out the national anthem changes that alleged status quo is somewhat less clear. Antagonizing the NFL fan base will change little. It also seems like a poor substitute for actual action — say, working with communities suffering this alleged oppression or finding out exactly what challenges law-enforcement agencies face.

It's not even a terribly original form of protest. NBC noted that professional athletes have done this before, such as 20 years ago when the NBA's Mahmoud Abdul-Rauf began refusing to stand for the anthem for religious reasons. In 2004, Toronto Blue Jays star Carlos Delgado stopped participating in the singing of "God Bless America" because of his opposition to the Iraq War.

Some are hailing Kaepernick as a hero standing up to the establishment — and are lashing out at those who criticize him. "You have to applaud a guy for that," former NFL star Brian Mitchell told comedian Dean Obeidallah on his eponymous Sirius XM radio show. "He knew there would be a lot of backlash coming from that," Mitchell continued. "The people willing to dump on Kaepernick for making his expression public," USA Today columnist Jarrett Bell wrote, "are conveniently denying him the respect that he deserves to do just that." "When you criticize someone for criticizing America (Love it or leave it, Kaepernick!)," former MSNBC host Touré tweeted on Saturday, "you're proving that you don't understand America," adding a #1stA hashtag to reference the First Amendment.

Kaepernick can protest in any legal form he desires as part of his First Amendment birthright, for any cause he so desires. But so can his critics, and all of the people he offended by his silly and insubstantial action. Guess what? That's also free speech. Why should that also not get respect? It's every bit an exercise of the First Amendment as Kaepernick's words and actions. Free speech does not mean that complainers get a free pass from incurring criticism for their words and actions, nor does it indemnify protesters from the free-market consequences of alienating those who patronize their businesses.

Dave, who passed away several years ago but who still has a place in my heart, was one of those fans. Dave had worked hard to make a living and take care of his family most of his life. He didn't have the gift of athletic talent to transform himself into a wealthy man, but he enjoyed the efforts of those who did. Sports was something we could share and enjoy together apart from all of the other debates in life.

Dave and I may not have seen entirely eye to eye on politics, but we both knew that love of country goes beyond that. He understood that America wasn't perfect, but at least America tried. When Dave spent his limited cash and spare time on a ballgame, he didn't do it to attend a protest; all he wanted was a moment of respect for the imperfect country he loved.

Contrast that with Kaepernick. Was sitting down an act of bravery on par with putting on a uniform to defend the nation or struggle to scratch out a living for his family, or was it just a cheap stunt to get attention for himself? What did Kaepernick risk, other than criticism? His wealth provides him the means for a large measure of security. The people who walk actual protest lines risk far more than Kaepernick ever did, and the people who act to reach out to improve relations between government and its citizens risk even more. If the worst that happens to Kaepernick is that people criticize him for his political stunts, he's still miles ahead of most of those who made him rich.

There are a lot more Daves than Colins in the NFL's audience. They have voices too, and deserve to be heard, perhaps more than a pampered NFL quarterback. Which of these should we respect more? On this, I'll stick with the Daves … as long as they hold onto the beer.