Judge Nap on if NFL Players Have Constitutional Right to Kneel: It Does Not Protect You from Your Employer

EXCERPT:

NAPOLITANO: "I can’t answer it yes or no because the Constitution only protects freedom of expression from the government. It does not protect you from your employer. Your employer is regulated by the state in which the employment occurs. Some states, New York, New Jersey, California protect employee's expressive conduct in the workplace as long as it doesn’t interfere with the work product. Other states like Texas — I'm not picking on Texas, but Jerry Jones, who is the owner of the Cowboys, has been out front on this — do not afford such protection unless the workplace is owned by the government. Question, who owns the dirt underneath Cowboys stadium? Who owns the Giants Stadium, or what they used to call Giants Stadium, now MetLife Stadium in Meadowlands? The government. Therefore, freedom of expression is protected unless it interferes with the product. What's the product? Winning football games to make money for the owners of the team."