The NFL cannot seem to get away from the divisive national anthem issue. The developments this week assured that despite the league’s wishes, the debate about how to handle players who kneel during the anthem would continue to dominate the NFL discussion. Here’s what we know.
What’s Going On With the Anthem Now?
On Thursday, the Miami Dolphins produced a document, obtained by The Associated Press, that classified anthem protests as “conduct detrimental to the club” and said they could lead to a suspension or a fine. In the wake of the criticism that followed, the team denied the policy was set in stone and said “all options are still open.”
Shortly after, the NFL and the NFL Players Association agreed to temporarily halt implementing the league’s new policy on standing during the national anthem (see below). In the meantime, the two sides will discuss the matter and try to come to a resolution both sides can live with.
“In order to allow this constructive dialogue to continue,” the league and union said in a joint statement, “we have come to a standstill agreement on the NFLPA’s grievance and on the NFL’s anthem policy. No new rules relating to the anthem will be issued or enforced for the next several weeks while these confidential discussions are ongoing.”
Why Now?
The current confusion is partly the result of the league’s decision in May to alter its anthem policy on its own, as opposed to a negotiated agreement with the players’ union. The union then filed a grievance, arguing that the league had violated the collective bargaining agreement. That sparked talks between the two sides.
How the policy gets altered, if at all, is the big question. It is possible the talks could fall apart, the league starts the season with its current policy, the grievance proceeds and the issue bubbles from there. Then again, the league and the union could figure out a way to make both sides happy.
The fact is, both sides need each other. The league does not want to be fighting a war with the union during the season when it is trying to keep the focus on the field. In past years, the union has sued the league (think Deflategate), creating a never-ending cycle of briefs, court dates and grandstanding that has left no one happy except cable sports channels and bloggers.
At the same time, the union needs to defend its members, the players, and does not want them penalized by their bosses and castigated publicly by President Donald Trump and some fans.
What Is the
NFL’s Policy?
In May, the NFL announced that players on the field would be required to stand respectfully during the national anthem. It gave players the option of remaining in the locker room during the anthem if they chose to.
If players violate the rules, teams can be fined, and will then have the option of disciplining the players.
The policy was prompted by a handful of players, led by former San Francisco 49ers quarterback Colin Kaepernick, who have knelt during the anthem over the past two seasons to protest economic inequality and police violence against minorities.
The league did itself no favors by coming up with a mealy-mouthed policy. Under these new rules, the NFL may or may not fine a team an undisclosed amount if a player or players protest. At the same time, each team has the autonomy to penalize players. Or not.
This created a situation in which 32 teams were going to develop 32 policies in real time. Enter the Dolphins.
Chris Johnson, chief executive of the New York Jets, said in May that he did not intend to penalize players who protest or devise rules to prevent them from protesting.
Other teams have taken a different approach. Dan Quinn, coach of the Atlanta Falcons, said that whatever his team decided — stand, protest, stay in the locker room during the anthem — the decision would be for all to follow.
Other owners, including Jerry Jones of the Dallas Cowboys, have been more strident in their opinions about whether players should stand for the anthem.
Is the Anthem Controversy Hurting Business?
Last season, some owners argued the protests had to stop because they were hurting the league’s business. The players needed to understand, some owners said, that when the league’s finances suffer, so do the players’.
In a recording of an October meeting between owners and players obtained by The New York Times, Buffalo Bills owner Terry Pegula said he had lost sponsors because of the protests, and that Trump was bound to bash the league again.
The league was “under assault,” he said. “We’re getting hit with a tsunami.”
But Pegula might have been stretching the truth. It is true that some sponsors have left teams and even the league. Papa John’s Pizza, for instance, cut ties with the NFL. But the league found a new sponsor, Pizza Hut, almost immediately. Television ratings slipped, but they had already been falling. The league also notes that the NFL ratings have held up relatively well compared with other shows on television.
The Green Bay Packers’ latest earnings report also suggests that teams have largely been unaffected by the protests, and fans and sponsors who claim to be offended. On Monday, the Packers — the only publicly held team in the league, and thus the only one that publishes financial figures — said it received nearly 5 percent more revenue from leaguewide sources thanks to new television deals. Local revenue also nudged higher. The team president, Mark Murphy, said the anthem controversy had no impact on the team’s finances.
Have We Seen the End of Anthem Protests?
Jurrell Casey, the Tennessee Titans’ star defensive lineman, said this week he planned to continue protesting and was willing to pay a fine to do so. He raised a fist during the anthem last season. The Titans responded by saying they wanted to talk with Casey, but they did not immediately threaten him with discipline.