Credit: AP Photo/Jed Jacobsohn
San Francisco 49ers pass rusher, Nick Bosa, is known for chasing down quarterbacks. Recently, Bosa found himself going viral on social media for another reason. A post-game interview between NBC sideline reporter Melissa Stark and 49ers quarterback Brock Purdy was interrupted by Bosa. As cameras zoomed in on Stark and Purdy discussing the October 27th Sunday night victory over the Dallas Cowboys, Bosa appeared suddenly between Stark and Purdy wearing a “Make America Great Again” hat and pointing at it in an overt showing of support for then candidate Donald Trump. Following the presidential election, the NFL fined Bosa for going off-message. But what is the NFL’s “message,” and what are the policies supporting Bosa’s fine?
NFL Rule 5, Section 4, Article 8 states, “Throughout the period on game day that a player is visible to the stadium and television audience (including in pregame warm-ups, in the bench area, and during postgame interviews in the locker room or on the field), players are prohibited from wearing, displaying, or otherwise conveying personal messages either in writing or illustration, unless such message has been approved in advance by the League office.”
However, the timing of Bosa’s action placed a challenging decision in the hands of the NFL. The Wall Street Journal reported that since the incident took place only a week before the election, the NFL delayed any penalties to avoid making an implicit “Anti-Trump” stance. The NFL ultimately fined Bosa $11,255 on November 9th—nearly two weeks after the controversial incident and four days after the election.
Bosa is not the first NFL player to express personal beliefs or demonstrate contrarian views on national television. Players have shown defiance towards the stringent policies for decades. Forty years ago, Jim McMahon, who quarterbacked the 1985 Chicago Bears to a Super Bowl victory, was fined $5,000 by NFL Commissioner Pete Rozelle for wearing a headband with an Adidas logo. Back then, players sporting logos were forbidden. In retaliation, McMahon wore a headband in the next game with ROZELLE written on the front of the headband. The commissioner sent McMahon a hand-written note saying the headband “was funny as hell,” though he did not rescind the fine. The NFL takes a strict liability approach, regardless of the message.
Politics aside, the NFL has historically made it clear that it does not want its privately-owned stage to be its players’ public platform. Players cannot wear, display, or convey personal messages. However, what constitutes conveyance in the eyes of the NFL?
Following his fine, Bosa returned to the field in defiant form—impersonating Trump’s comical dance move during a post-sack celebration. Bosa and his teammates recreated “Trump’s twist” after a sack on Tampa Bay’s quarterback, Baker Mayfield. The dance is highly recognizable and synonymous with president-elect Trump. Arguably, the hat and the dance convey the same message—unwavering support for Trump. NFL Commissioner Roger Goodell, however, has taken a more liberal approach to regulating player celebrations.
“We know that you love the spontaneous displays of emotion that come after a spectacular touchdown,” Commissioner Roger Goodell wrote when loosening the NFL celebration policy in 2017. “Players have told us they want more freedom to be able to express themselves and celebrate their athletic achievements. We saw a lot of interest in liberalizing and allowing the players a little more freedom to be able to express their joy, their individuality and frankly celebrate the game,” wrote Goodell.
Week 11 brought a flurry of Trump inspired dance moves as Las Vegas Raiders tight end Brock Bowers, Titans wide receiver Calvin Ridley, and Detroit Lions defenders Za’Darius Smith and Malcom Rodriguez (among others) paraded their own interpretation after successful plays. The NFL responded to the celebrations early this week. In line with Commissioner Goodell’s previous liberal stance on celebrations, NFL spokesman Brian McCarthy told Front Office Sports, “There’s no issue with a celebratory dance such as what took place [Sunday] or the previous week with the 49ers on November 10th. It’s up to the networks to cover them as they see fit.”
However, there is a potential conflict with “allowing players a little more freedom” as it was not long ago that many players collectively took a knee for what they perceived as social injustice. Unlike a Trump “MAGA” hat, most NFL players united in what could be perceived as a defiant action against NFL policy. Synonymous with football, Americans have a great love of country, and in turn the flag, a symbol that the country stands tall because of those who have given their lives for it. In 2018, however, the NFL and its fans reached a crossroad—whether to grant its players the right to protest a nation they feel has failed them or demand respect for a flag that has granted them a life of freedom and success. The players united front gave the NFL no choice but to acquiesce or risk the loss of an entire season or two. The vote to implement a policy banning kneeling for the national anthem came two years after 49ers quarterback Colin Kapernick began kneeling for the national anthem in protest of oppression in the United States, racial injustices, and police brutality.
Players like Colin Kapernick eventually moved on from the league, and the NFL codified standing for the national anthem, drafting a policy that ensures respect for the nation—a popular ideal among football fans and patriots alike. Along with this decision, new messaging was permitted by the NFL on player’s helmets and NFL stadiums such as “End Racism” and “Stop Hate.” A returned compromise to appease fans and allow players to express continued protest for equality in the U.S.
Whether protests or politics, the NFL draws a clear line in the sand invoking its strict liability on personal messaging policy. The NFL is a privately run organization with the ability to place rules and regulations on its players who represent the organization. Thus, the NFL has the right to limit players’ free speech when wearing a uniform on national television. Like any employer, its employees are perceived as an extension of the organization, and in turn, it must maintain a level of uniformity. This is not to stifle personality, but rather, it ensures the players’ actions do not misrepresent the owners and NFL collective as a whole.
*The views expressed in this article do not represent the views of Santa Clara University.
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