How to Argue: the NFL, Colin Kaepernick, and the National Anthem

Hi there! It’s me, your most annoying Facebook friend.

Look, I’ve been trying to write about the NFL national anthem controversy for weeks, but there is so much misinformation, miscommunication, and bias around this issue that I’ve had to take a different approach than initially planned. When people engage one another on this topic, they often argue about completely different things —police brutality, racism, the flag, the military, etc.—, and this confusion of topics causes people to talk past one another instead of listening. Additionally, I keep seeing the same logical flaws (misuse of statistics, undefined assumptions, personal attacks, and so on), so instead of just writing about Colin Kaepernick, the national anthem, and the President’s tweets, I’ve written a series of articles about proper argument using this issue as a test case. First, a little background:

In the 2016 preseason, San Francisco 49ers backup quarterback Colin Kaepernick was seen sitting during the national anthem. When asked, Kaepernick explained, “I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. 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.” Colin Kaepernick soon gained the title “the most disliked player in the NFL” while simultaneously having the best selling jersey.

kaepernick-finalA biracial athlete adopted by white parents, Kaepernick has had a small number of racially-charged run-ins with police by comparison to many other black Americans. Before we go writing Kaepernick off, however, he has also stated repeatedly that his take-a-knee protests were not about his own rights or experiences. He protested on behalf of people like Trayvon Martin, Michael Brown, Philando Castile, and Sandra Bland— people who could only gain media attention by dying. Kaepernick’s athleticism granted him certain rights and privileges, so why not leverage that privilege to help others?

Well, for one, there was the chance of losing his job and all the money and privilege that came with it. And two, there was a possibility of tremendous backlash— personal attacks that wouldn’t even acknowledge what Kaepernick stood (or kneeled) for. Kaepernick decided it was worth the risk to draw attention to the disproportionate police violence against black Americans, and he chose a symbol that would surely get attention: refusing to stand for the national anthem. Initially, Kaepernick sat on a bench on the sidelines, but at the suggestion of friend and former Green Beret Nate Boyer, Kaepernick changed his posture to kneeling (the stance that soldiers take when honoring the fallen). Kaepernick began kneeling over a year ago, and the gesture remains controversial. In fact, whether observers support or despise Kaepernick often depends on how they interpret his form of protest. Kaepernick himself is a free agent right now and focusing on charity work, but many of the athletes he played alongside have taken up his cause and kneel during the anthem.

920x920A few weeks ago, while at a campaign rally in Alabama, President Trump criticized the NFL, saying that players who kneel should be fired. In his criticisms, Trump has not acknowledged the intent of the original protest (i.e. Black Lives Matter) but has focused instead on the symbolism of refusing to stand, and this has created further confusion. The Sunday and Monday after Trump’s remarks saw entire teams staying in the locker room during the national anthem, while other teams locked arms —often with their owners— and took a knee together, but why? Was this still a protest of police brutality, or was this about defying the President? Was this still about Black Lives Matter, or were they kneeling for free speech? What was going on?

90The Las Vegas shooting briefly took national attention away from the NFL controversy, but VP Mike Pence’s early departure from the 49ers/Colts game last week reignited the debate. At this point, it is unknown how the NFL and team owners will proceed, but every person you’ve ever met has suggestions.

I don’t follow the NFL, but as an LSAT instructor, I teach argument for a living, so I’ve spent the past few weeks listening and trying to understand where different voices are coming from. I’ve done my best just to ask questions, tabling my own views unless I hear a gross distortion of facts. The flag, police brutality, freedom of speech, racism, a widely disliked President— with so many different issues swirling around, this debate is a great test case for how to argue effectively, so let’s dive into this thing. In tomorrow’s post, we’ll look at the basic building blocks of an argument, and we’ll analyze some common pro- and anti-Kaepernick talking points as examples.

I’m convinced,
when we really listen to each other,
when we recognize our tendencies
to talk past each other or repeat the same soundbites,
when we stop to ask what an argument is really about
and why it matters to us personally,
it makes us better,
it makes our communities better,
and it makes the world as a whole better.
That’s why we’re doing this.
See you tomorrow.

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