National Anthem Debate

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Pages: 3

Anyone watching NFL football has seen the controversy on protesting the National Anthem. In many cases, that controversy has trickled down to High School football. In a silent protest Conner Nickerkaep kneeled while the Tiger Marching Band played the National Anthem. Based upon notable cases, Conner kneeling was free speech and the adopted Resolution that was passed by the Cortsen High School Board is unconstitutional.

In the case of West Virginia State Board of Education v. Barnette, the Court found that it was unconstitutional to punish students for not participating in the Pledge of Allegiance. Therefore, in that case children who were of the Jehovah's witness faith refused to salute the flag due to their religion. The result was the
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Hate speech was defined as a speech “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Brandenburg v. Ohio, 395 U.S. 444 (1969). In a statement by Conner he explained that the reason he did not stand for the National Anthem was because he “decided to protest the treatment of young undocumented immigrants who came to America as children with their parents.” He did not promote violent actions, and based upon the definition in Brandenburg v. Ohio, Conner was performing free speech not hate …show more content…
Des Moines, 393 U.S. 503 (1969), the students wore black armbands as a silent symbol to protest the United State’s participation in Vietnam. The Court found that the school's actions were based upon the wish to avoid controversy. The Court determined that the school must show that their actions is caused by something more than “a desire to avoid the backlash of an unpopular viewpoint.” In this case, Conner kneeled in silent protest. Conner was within his first amendment right to protest, and kneel during the National