Radford & Keebaugh, Experienced Civil Rights & Employment Law Attorneys

Atlanta Employment Lawyers, Georgia Civil Rights Attorneys, Employment Discrimination, Wage and Hour, Unpaid Overtime, Americans with Disabilities Act, First Amendment, False Arrest

  • Meet Our Team
    • Attorney Profile: James Radford
    • Attorney Profile: Regan Keebaugh
    • Attorney Profile: Georgia Lord
    • Attorney Profile: Dan Werner
    • Attorney Profile: Jake Knanishu
    • Attorney Profile: Zachary Panter
    • Staff Profile: Ila Wade
  • Practice Areas
    • Injury and Death
    • Employment Discrimination
    • Unemployment Benefits
    • Fair Labor Standards Act (Overtime, Wage and Hour)
    • Georgia Whistleblower Act
    • Public Employee Personnel Appeals
    • Americans with Disabilities Act
  • Contact Us Today
  • Address and Directions
  • Video
  • Blog

The First Amendment protects Georgia athletes right to kneel during the national anthem

October 6, 2016 james radford

Students at Garfield High School in Seattle kneeling for national anthem. Photo from Seattle Times newspaper.
Students at Garfield High School in Seattle kneeling for national anthem. Photo from Seattle Times newspaper.

We were disheartened to read this story today in the Atlanta Journal Constitution, in which the Superintendent of Cobb County Schools is quoted stating that, if one of his district’s athletes were to kneel during the national anthem, “their asses would be benched.” Such a comment is highly inappropriate for an individual whose job is to ensure young people have a full opportunity to learn about our civic rights–including the right to peacefully protest without fear of retaliation. His statement runs afoul of the values of the United States Constitution, which guarantees young people the right to speak or protest peacefully on issues on public concern.

In the famous case of Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969), the United States Supreme Court held that the protections of the First Amendment extend to students in public schools. In Tinker, the Court overruled a public school’s ban on students wearing black armbands to protest the Vietnam War. The Court held, “Students in school . . . may not be confined to the expression of those sentiments that are officially approved.” Numerous federal courts within the Eleventh Circuit–of which Georgia is a part–have found that school officials may be held personally liable for punishing students for expressing their views. See Holloman ex rel Holloman v. Harland, 370 F.3d 1252 (11th Cir. 2004).

If a superintendent or other school official were to punish a student for protesting peacefully–including “benching” students who knelt during the National Anthem–this would be a violation of the First Amendment. It would also be a violation of our national values of free speech. It would be a violation of the very freedoms the National Anthem is meant to celebrate.

If you are a student who has been punished for, or prevented from, exercising your First Amendment rights, or the parents of such a student, we would like to hear from you. We are civil rights attorneys specializing in constitutional law, and we have brought numerous First Amendment cases to court. We know how to bring these cases in a respectful and professional manner and fight to defend your rights under the constitution. Please give us a call at 678-271-0300 or send us an email from our contact form.

First Amendment, Student Rights first amendment, football, georgia, national anthem, protest, student rights

Contact Us Today

If you are seeking an attorney, completing the form below will allow us to determine if we can help. The more detail you can provide us, the better we can help.

Fields marked with a * are required.

Featured Cases

DeKalb County Jail Sexual Harassment Case Information

Radford & Keebaugh Attorney Dan Werner Files Class Action on Behalf of Workers Trafficked by Major New Jersey Temple

Attorney Profiles

Attorney Profile: James Radford

Attorney Profile: James Radford

Attorney Profile: Regan Keebaugh

Attorney Profile: Regan Keebaugh

Attorney Profile: Georgia Lord

Attorney Profile: Georgia Lord

Attorney Profile: Dan Werner

Attorney Profile: Dan Werner

Attorney Profile: Jake Knanishu

Attorney Profile: Jake Knanishu

Attorney Profile: Zachary Panter

Attorney Profile: Zachary Panter

Recent Articles

Is She-Hulk the victim of employment discrimination?

Federal Court of Appeals rules in favor of disabled veteran in parking accommodations case

R&K’s Dan Werner joins renowned civil rights attorney Ben Crump in racial discrimination lawsuit against SCAD

Dan Werner Joins Radford & Keebaugh

Augusta-Richmond County pays $300,000 to hip-hop producer “Dun Deal” after false warrant leads to arrest and imprisonment

Serving Clients Throughout Georgia

Our offices are located in the heart of downtown Decatur, Georgia. We serve clients throughout the metro Atlanta area. In addition, we serve clients throughout Georgia, including DeKalb County including Avondale Estates, Chamblee, Clarkston, Doraville, Dunwoody, Stone Mountain, and Tucker; Forsyth County including Cumming; Fulton County including Alpharetta, Atlanta, Roswell, and Sandy Springs; Gwinnett County including Auburn, Berkeley Lake, Braselton, Buford, Dacula, and Duluth; RIchmond County including Augusta; Albany; Valdosta; Gainesville; Clarke County including Athens; Macon.

© 2023 decaturlegal.com · Rainmaker Platform