Kneeling Students and Scholarship Controversies: Navigating Free Speech, Protest, and Institutional Response
The act of kneeling during the national anthem, popularized by former NFL quarterback Colin Kaepernick, has become a potent symbol of protest against systemic racism and police brutality in the United States. While Kaepernick's actions sparked a national debate and inspired other athletes to follow suit, the ensuing controversy has extended to college and high school students, raising complex questions about free speech, institutional policies, and the potential consequences for student scholarships.
The Rise of Student Protests
Inspired by Colin Kaepernick, athletes sought to bring attention to systemic racism and police brutality. Two and a half years later, such protests have largely ceased. Few players still kneel in the professional league, and few students do.
Several instances highlight the tensions that arise when student-athletes engage in kneeling protests.
Buena Vista University: Following kneeling protests by athletes, Buena Vista University banned kneeling during the anthem and said any athlete who did so would be disciplined and risk removal from the team. Parker said she believed the outside pressures influenced Merchant, and the university banned kneeling during the anthem.
East Carolina University and Colorado Christian University: Both institutions publicly told students they needed to remain standing during the anthem. At East Carolina, the directive was made to members of the band with regard to performances during football games.
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Kennesaw State University: A former Kennesaw State University cheerleader sued the institution in September, alleging her First Amendment rights had been violated after she and four of her teammates took a knee during games. After the protests, four of the five cheerleaders were cut from the team when they tried out next season. In late 2019, one of the cheerleaders settled for $145,000 after she filed a lawsuit claiming her constitutional rights were violated when she was punished for kneeling by the university.
University of Notre Dame: In November, more than 100 students knelt during a football game and linked arms in prayer, singing “We Shall Overcome.” This was a reference to the institution’s history, when the university’s former president, Reverend Theodore Hesburgh, did the same with Martin Luther King Jr.
Canisius College: At Canisius College, a Jesuit-founded institution in Buffalo, N.Y., a trio of volleyball players took a knee during the last academic year. There were calls for her scholarship to be revoked. At one particular game versus Niagara University, when they knelt, a man was escorted out, screaming -- Bowden realized then the danger she and her teammates potentially faced.
University of Wisconsin at Madison: Marsha Howard, a senior and forward on the University of Wisconsin at Madison women’s basketball team, stays seated on the sidelines during the anthem.
University of Tennessee: when members of the University of Tennessee women's basketball team took a knee before a game to promote racial equality, The Daily Beacon reported. That same day, the Knoxville News Sentinel published an image that showed the same scene from a different angle.
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The Legal and Constitutional Dimensions
The heart of the kneeling student scholarship controversy lies in the intersection of free speech rights and institutional authority. The First Amendment to the United States Constitution guarantees the right to free speech, but this right is not absolute, particularly within the context of schools and universities.
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House Bill 999: In the fictional scenario, the Ohio Legislature passes House Bill 999, which makes it unlawful for an adult to take a knee, wear a hat, be disruptive, or distract or detract from the national anthem in a way that could be interpreted as disrespecting the American flag. The penalty for violating the law is a $5,000 fine for every incident. While her conduct falls within the scope of House Bill 999, her public defender argues that the Ohio law is unconstitutional, because it violates the First Amendment’s guarantee of free speech.
Institutional Responses and Policies
Universities and colleges have adopted a range of policies regarding student protests during the national anthem, reflecting the diverse perspectives on free speech, patriotism, and the role of institutions in fostering civic engagement.
Restrictions on Protests: Some institutions, like Buena Vista University, have explicitly prohibited kneeling during the anthem, citing concerns about respecting military members and veterans. These policies often face criticism for potentially infringing on students' First Amendment rights.
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Support for Free Speech: Other institutions have taken a more permissive approach, emphasizing the importance of open discourse and respecting students' rights to demonstrate their civil liberties in peaceful and lawful ways.
Donor Influence: Pressure from donors and alumni can significantly influence institutional responses to student protests. The University of Texas case illustrates how concerns about financial support can lead universities to prioritize donor wishes over the free speech rights of student-athletes.
The Impact on Scholarships
One of the most contentious aspects of the kneeling student scholarship controversy is the potential for students to lose their scholarships as a result of their protests.
NCAA Bylaws: The NCAA’s bylaws say schools can’t revoke an athlete’s scholarship during the academic year unless one of several conditions is met. Those range from submitting fraudulent applications or financial aid forms to being involved in what the school’s student disciplinary authority determines to be serious misconduct resulting in a "substantial" punishment.
Serious Misconduct: The NCAA outlines under what circumstances student athletes can lose their scholarships in its 2024-25 Division I manual, such as engaging "in serious misconduct warranting substantial disciplinary penalty" and voluntarily withdrawing from a sport for personal reasons.
Loss of scholarship: "KNEELING: After the University of Texas, all students who knelt during the national anthem were rounded up and REMOVED FROM SCHOLARSHIPS,"
The University of Texas: USA TODAY debunked a similar claim in October 2023 that the University of Texas revoked the scholarships of three football players for kneeling during the national anthem.
Donor Pressure: Athletic Director Chris Del Conte said he had not heard donors or alumni had threatened job opportunities, adding that he was concerned that players had that impression. He denied players were forced to stay on the field. The players said the mandate showed them that university officials prioritized donor wishes over the members of the team, some of whom had been vocal in the opposition over the summer and fall about their rejection of the song.
Perspectives on the Issue
The kneeling student scholarship controversy elicits a wide range of perspectives, reflecting the complex values and beliefs at stake.
Supporters of Kneeling: Those who support kneeling argue that it is a legitimate form of protest protected by the First Amendment. They believe that students should not be penalized for exercising their right to express their views on important social issues.
Critics of Kneeling: Critics of kneeling often view it as disrespectful to the flag, the military, and the nation. They argue that students who engage in such protests should face consequences, including the loss of scholarships.
University Administrators: University administrators face the challenging task of balancing free speech rights with the need to maintain order, foster respect for diverse viewpoints, and respond to the concerns of donors, alumni, and the broader community.
The claim: University of Texas pulled scholarships of students who knelt during national anthem
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