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Non-violent protestors are seen as deviant because they are directly going against what is

considered normal or appropriate. Particularly publicized were the actions of NFL player, Colin

Kaepernick, in his protest during the National Anthem before the start of an NFL football game

on August 26, 2016. Instead of standing, he chose to kneel in solidarity with the innocent African

American men and women who were being killed by law enforcement. He received backlash

from the NFL and the American public (Stratmoen 2018). His form of protest is parallel to the

historical protests of the Civil Rights Movement. The reaction of the public also parallels

historical interactions between white and black Americans. History has influenced the nature of

race relations in America. The police treatment of African American suspects has only

marginally improved, and still resembles police brutality or inaction of the 1930’s. Negative

stereotypes have consistently impacted African American males image, putting them in danger.

They continue to face backlash because there is little understanding of these stereotypes and the

damage they cause. White Americans have centralized their focus on the importance of national

pride without taking into account the treatment of African Americans under this nation since its

conception. They believe we are living in a post-racial society. They continue to see these

protestors as deviant because they believe they are in opposition of American principles.

With liberty and justice for all. The final line of the Pledge of Allegiance represents two

morals the United States of America selected as the backbone for their democratic society. It is

sung in every freedom song, and said in famous speeches. Fans chanting “U-S-A” at large

events, can almost guarantee the participation of those around them. There is a sense of national

pride that has been instilled for generations in these principles of liberty and opportunity that the

United States was founded on. The Star-Spangled Banner became the National Anthem in 1931,

and following the Second World War, the NFL commissioner made it a tradition to be played
Jocelyn Faul
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before every game. There was a great sense of national pride, particularly, leaving behind The

Great Depression, partaking in the collective war effort, and the entrance into the prosperity of

the 1950’s. Despite this surface appearance, there were deep wounds that much of America was

still nursing. Not all American citizens were given the same liberty and justice. Following the

abolishment of slavery, African Americans faced a long battle of fighting for the same access to

these principles (Lomax 1999).

When Colin Kaepernick took a knee, he made it clear he was taking a stand for those who

were facing injustice at the hands of law enforcement. The subject of police violence has become

more publicized in the media, though research reveals that these occurrences between police and

African Americans are not new. The evidence shows that police are more violent towards black

offenders. Nearly forty percent of the prison system is comprised of African Americans, despite

the fact that they only represent 13% of the overall population. The Journal of Pan African

Studies conducted research using Uniform Crime Report data to examine the circumstances

surrounding the deaths of unarmed African American men and women by the hands of the

police. Their data includes the death of 78 African Americans from 1999 to 2015 (Chaney and

Robertson 2015). Chaney and Robertson found that in “49 cases (63% of fatalities), the officer

was not indicted or charged” (2015:59). The UCR data is voluntarily reported, implying that

there are most likely a larger number that are killed and not represented in the data. The news

depicts incidents such as routine traffic stops turning deadly when a member of law enforcement

made assumptions that lead to them using their weapon on an unarmed African American. In

these incidents, the police acted with excessive force, often using physical violence in order to

restrain the supposed suspect. Some victims were shot in the back, not posing any initial threat to

the officer who shot them. Chaney and Robertson conclude that although police officers are
Jocelyn Faul
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trained to shoot to kill, there should be further investigation into overwhelming number of cases

where weapon-bearing police, who have intensive weapons training, assess unarmed African

Americans with no training as a danger (2015:63).

African American victims are often criminalized by the media. Instead of wide spread

public sympathy, people immediately seek to persecute the victim, to find some justification for

their death. A journal article published in the Journal of Human Behavior in the Social

Environment uses General Social Survey (GSS) data to reveal how social attitudes impact these

perceptions of the interactions between police and the victims. Overall, people see race as a

predictor of police violence. The GSS data evaluated participants on whether they favored police

aggression through a series of questions on police behavior. They responded whether they

approved of a police officer “ever striking an adult male, striking a citizen attempting to escape

custody, and striking a citizen who was attacking a policeman with fists” (Hadden et al. 2016).

The data showed that white Americans are more likely to favor police aggression. The GSS also

surveyed the public on the cause of racial differences. The data reveals that fifty-percent of

Americans see the socioeconomic differences in employment, income, and housing between

African Americans and white Americans as a result of a lack of will power or motivation

(Hadden et al. 2016). One of the foundational American principles is meritocracy and the belief

that if one works hard enough they can achieve the American dream. This data is indicative of

how perceptions on the killing of innocent African Americans by the police are shaped by race

and predispositions to view the victims as loafers, or criminals.

Strain theory can be used to evaluate the interaction between protestors and the public.

The general idea of Strain Theory is that there are “structural impediments” that cause deviance.

While people strive for success, not all people have the same access to opportunities that will
Jocelyn Faul
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lead them to success. There are constraints on behavior based on the influence of the social

structures in the lives of minority and lower-class groups in particular. Robert Merton uses strain

theory to theorize how groups in society interact through five adaptions. The argument

surrounding the actions of the NFL players and the reaction of the public is supported by the

conflict between two of Merton’s adaptions. He believed the only non-deviant adaption was

conformity. This means that there is a general acceptance of cultural goals within the societal

structure. In American society this ideal, or value consensus, is prioritizing monetary gain

(Inderbitzen, Bates, Gainey 2013). Those conforming to existing social structures assume that

the African Americans protesting are deviant, because they have a significant monetary gain

from their NFL salary and platform. Those, like Kaepernick, who reject this value consensus,

and criticize the American system in spite of their wealth, are simply complaining or exhibiting

non-American characteristics. By protesting against the injustice of police violence against

minorities, Kaepernick made himself a target of criticism. President Trump said. “I think it’s

embarrassing for the country to allow protesters. You don’t even know what side the protesters

are on.” He draws the parallel between the current political climate and the Civil Rights

Movement of the 60’s himself. He added: “In the old days, we used to throw them out. Today, I

guess they just keep screaming,” highlighting the treatment of protestors by police and society in

times past (Sonmez, 2018). In reference to the kneeling of NFL players like Kaepernick, Trump

said. "This is a great, great country, and we have a great flag, and they should respect our flag"

(Johnson, 2017). The peaceful actions of black athletes standing up for the rights of their

community are seen as a protest of American values. By kneeling or raising a fist during the

National Anthem they are perceived as disrespecting a symbol of American freedom. Under

Merton’s strain theory adaptions, this display by the players is considered rebellion. They aren’t
Jocelyn Faul
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playing by the rules of society. By rejecting the cultural goal of success or the attainment of

wealth in favor of a more political goal, they are deviating from the norm.

Another reason white Americans consider these protests deviant is because they believe

the protestors have no reason to be protesting. The passing of the Civil Rights Act in 1963

contributed to ideas that support a current attitude that sociologists identify as color-blind racism

(Bimper 2015). They believe because there are laws that define such practices as illegal,

guarantees they are enforced. In essence, the United States is considered by most Americans to

be a “post-racial society.” They do not see racism as an ongoing issue. Therefore, they see the

actions of NFL players like Colin Kaepernick solely as a sign of disrespect. Because they refuse

to recognize Kaepernick’s claims, they see his kneeling as a protest of the American flag, and by

association, disrespectful of the service of American veterans (Stratmoen 2018). History would

indicate that racism was too deeply ingrained into American society to be eradicated without

addressing the horrors of the past.

African Americans have fought endlessly for better treatment within American society.

Over time negative attitudes have persisted, characterizing African American men in particular,

as dangerous, criminal, and animalistic. These attitudes contribute to their treatment within

society (Franklin 2011). When African American men and women stand up for themselves, or

even bring up the subject of race, they are often attacked either with words or violence.

Historically they have had to use their voices, their collective efforts, legal teams, and public

figures to influence real change in their community. They have demanded better of their

government. These demonstrations within the Civil Rights Movement were notable for their non-

violent approach. They were everyday citizens, asking to be heard; asking for their rights. While

there has been marked improvement over the last century, there are systems in place that still
Jocelyn Faul
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perpetuate these racial inequalities (Lewis 1998). The nature of these interactions between

African Americans and white Americans, and the discussion of race and justice, parallel the

same that occur even in the current social climate. Everyday citizens still feel the weight of

injustice. African Americans are greater represented in the prison population than they are in the

overall population. They are treated more harshly by police in arrests. They are more likely to be

convicted and sentenced to prison than white Americans. The American public sees African

American males as a deviant group (Ferber 2007). Historically, non-violent protestors were

labeled as “outside agitators.” They faced opposition from local white Americans and

government officials, who were angry or disgusted by them (Lewis 1998). Today, similar

protestors were labeled as “thugs,” “anti-police agitators, “or “sons of bitches,” by the current

President of the United States, who went so far as to say protesting should be be illegal (Johnson

2017).

These ideas, like those voiced by President Trump, are rooted within the historical

context of America’s racial history. During the 1930’s, the system of Jim Crow segregation held

a strong hold over the lives of African American citizens, particularly in the south. They were

restricted from every aspect of social life. They were not allowed to participate in sports with

white Americans. During the Great Depression, they faced even greater poverty than white

Americans. African Americans were restricted from serving in most areas in the military,

prevented from working for the federal government, and denied regular jobs, because companies

refused to hire African Americans. Many African American families contributed to the war

effort, still taking pride in the country that did not treat them equally. Those who did serve, were

segregated within their respective branches of military. They were looked down upon by their

fellow soldiers because of their skin color. While receiving medals of honor or valor from
Jocelyn Faul
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countries like France, African American soldiers were generally not given recognition for their

acts by the American Government. When they returned home from war they were not allowed to

participate in parades that honored the military service. Some African American soldiers were

killed in the south for wearing their military uniform. The hatred from the white community

often spread to violence against the black community. They received no respect for defending

their country (Franklin 2011). Those who stand up or kneel down for civil rights, never meant to

disrespect America, but meant to draw attention to parts of America that were suffering. They

include veterans in their defense of those who were subjected to injustice because of their race.

Colin Kaepernick’s opposition made similar claims to why his protest was deviant or

invalid. They view the protest of NFL athletes as deviant, asserting that African American

athletes have no reason to complain of inequality, because of their celebrity status. The players

are given opportunities within the NFL. The population who oppose the argument that favors

kneeling, back their claim with the fact that the football player’s salary is more money than the

average American makes, regardless of race (Berry 2000). They see the prosperity of a few

African Americans as evidence that supports the American principle of meritocracy. That

because some African Americans are successful, race no longer matters in determining status.

However, their experience in professional football has always been colored by race.

In actuality, the number of African American football players who make it to the NFL is

relatively low (Spivey 1983). Historian Donald Spivey further supports these claims. The study

that took place at the University of Illinois examined African American athletes experience in

college sports from 1931 to 1967. Out of 227 scholarship athletes, 65% did not graduate with a

degree. Only fourteen went into professional sports, and only three of those professionals had a
Jocelyn Faul
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prosperous career (Spivey 1983). This data supports the argument that the opportunities to play

for the NFL do not balance out the overall racial socio-economic inequalities.

First, a case study reported in the Journal of Sport & Social Issues tells the first hand

experience of African American college athletes within predominately white schools. The

journal organizes the data from the case study into four theoretical frameworks of analysis to

examine how race and racism is veiled but nonetheless influences the experiences of black male

athletes. The article reveals significant amounts of bias in how African American Athletes are

treated by society. Attitudes that influence players are evident in their responses within the case

study. These attitudes are characterized by the ignorance of white Americans in believing

African Americans are only worthy of attending the institution because of their ability to play a

sport, when in actuality their ability served more as a financial tool to balance their

socioeconomic position. They are also faced with stereotypes that they are lazy and incompetent

and unwilling to do the required coursework. The men faced these stereotypes through the

treatment from school administration, who were more concerned with sports, than with assisting

the student athletes find an academic path suited to them. The athletes’ responses revealed that

generally there is little understanding on how race functions in our society, and even less of an

understanding on how to communicate about it (Bimper 2015). The African American athlete is

not inherently advantaged over others. In a study published in the Sociology of Sport Journal,

Berry and Smith argue that celebrity African American athletes are seen in the same light as any

average African American when it comes to crime. There is a limit to their celebrity status, it

does not always save them from public condemnation. They are generalized criminalized

because of their race. They meet the same dehumanization when they commit a crime as the

popular media rhetoric that classifies the African American male as violent, dangerous, or devoid
Jocelyn Faul
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of morals. The authors argue that when African American athletes commit a crime it serves as a

confirmation of existing biases with the police or in the media.

A second reason is that “these racial issues are highly relevant to the lives of NFL

players since the NFL itself has racial power imbalances – approximately 70% of NFL players

are Black, but only 22% of head coaches are Black and the NFL has never had a Black franchise

owner” (Stratmoen et al. 2018). Ultimately, the same issues that face every day African

Americans, have an impact on the lives of African American athletes when it comes to crime.

This preexisting power dynamic between white Americans and African Americans

encourages this white expectation for respect from minorities and some form of acknowledgment

of their superiority whether from others or self-affirmation. This is supported by the data on

public perceptions of NFL player protests during the National Anthem. In particular, the

identification of a shared set of beliefs of those who typically oppose of the protests. Stratmoen

establishes that the basis of this belief system is honor culture. This core ideology in the “[United

States] is rooted in the belief that a man's responsibility is to protect himself, his reputation,

family, community, and property against threat and insult, using aggression if necessary” and

that “defensiveness extends to threats against the individual's nation” (Stratmoen et al. 2018).

Three main arguments are consistent with these Masculine Honor Beliefs. First, “‘MHBs

are associated with support for aggressive security policies’ (Saucier et al., 2018) ‘and gun

enthusiasm’ (Matson, Russell, & King, 2018). Secondly, that “across both studies, MHBs were

positively associated with perceptions of protesting players as disrespectful toward America and

their actions as inappropriate. [Their] findings are consistent with extant honor literature

indicating MHBs are associated with reputational concerns of the nation.” Thirdly that “across

both studies, higher levels of MHBs were associated with less agreement that police violence
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against racial minorities is a societal issue. This suggests adherence to masculine honor ideology

may be negatively associated with understanding of, or sympathy for, racial issues underlying

protests.” The impact of these arguments is evident from results of her second study. In this

study, “MHBs were positively associated with perceiving kneeling Black (but not White) players

as inappropriate and disrespectful toward America and standing White (but not Black) players as

appropriate and respectful.” These male honor beliefs and supporting arguments influence the

perception of fans to make conclusions about the character of the NFL players. Their idea of

what a man should be, combined with existing racial bias, conflicts with the display of Colin

Kaepernick and skews their reception of his stance (Stratmoen et al. 2018).

Using critical race theory, Susan Birrell offers that these larger influences that keep

African American athletes from protesting are the same that kept African Americans from voting

in the 60’s (Birrell 1989). Congressman John Lewis’ first hand account supports this. There was

a great fear in white backlash, African Americans would risk losing their farms, homes, families,

or what jobs and finances they had. Potential voters faced violence at the courthouse when trying

to register to vote, and were harassed at the polls when intending to vote. They faced

discrimination in polling policies that were intentionally designed to prevent them from casting

their vote (WWTW ref). She theorizes that African American athletes are essentially paid money

by the NFL to keep quiet, to represent this ideal America where race doesn’t keep players from

winning the game. Players fear the same backlash that Colin Kaepernick faced in losing his

position on the 49ers and his inability to be drafted by another team meant he lost his salary.

Similarly, how fellow Olympic athletes refused to join Tommie Smith and John Carlos in fear of

public response. The two were crucified for their actions, shunned by the American public, and

went six years without work (Oguntoyinbo 2014). In such an event as the Olympics; one
Jocelyn Faul
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supposed to be representative of national pride, to “disrespect” the United States by pointing out

any imperfection was shocking.

Congressman John Lewis was a leader and active participant of the Civil Rights

Movement. In his memoir he describes his experiences and involvement in non-violent, direct

action movements. Before graduating from college, John Lewis participated in the sit-in

movement in Nashville, TN. Groups of college students sat in protest at lunch counters across

the country to protest segregation. At the time they were not allowed in any of the same social

spaces as white Americans. He and his fellow protestors were met with physical attacks, racial

slurs, and angry white mobs. The white Americans who disagreed with the protestors believed

that segregation was right and this “new idea” of integration was an affront to white society.

John Lewis explained that many athletes during that movement did not participate in the

movement and risk losing their scholarships (Lewis 1998). Colin Kaepernick lost opportunities

in the NFL because of his choice to kneel. Other players chose not to risk their jobs by

participating with him.

In his memoir, John Lewis also discussed the involvement of the police. First, on the

Freedom Ride when he and a white companion intended to use a white waiting room they were

accosted by a group of white men who began attacking and beating them. Lewis saw a police

officer observe the entire scene, letting them get harmed before he stepped in. During an incident

on the Freedom Ride, a state policeman approached Lewis on the bus “and tried to take a Billy

stick from an officer that was sitting in the driver’s seat of the bus, to hit me with. The officer

was cursing and threatening my life.” (1998:241). He described how officers handled the

marches in Selma, Alabama “by arresting more than 160 teenagers and sending them on a forced
Jocelyn Faul
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run more than two miles out into the countryside. His deputies used clubs and cattle prods to

keep those kids going” (1998:326).

There are parallels between police conduct today and police conduct during the 1930’s

and 60’s. Historically, police showed unnecessary force, employing tactics like using fire hoses

on protesters, ordering dogs to attack them, beating them with batons, or using tear gas. These

tactics are similar to police tactics today, using unnecessary force or attacking suspects, using

dogs or weapons against unarmed African Americans. Some of these incidents have prompted

certain departments to use body cameras. Unfortunately, when it comes to these murders, the

camera evidence coincidently seems to not have captured the scene, or it was not being used at

the time. This parallels the descriptions John Lewis gave of the police interactions with rioters

during the Civil Rights movement. He described how police attacked reporters or broke cameras

while they terrorized and attacked protestors, ruining film that was recording them (Lewis 1998).

Turk’s Conflict Theory that can be used to explain the African American athlete’s

position in society and how it influences their decision whether or not to take a stand. He

theorizes that social control is an agent with which those in power use to criminalize the less

powerful. The first aspect of control is physical violence; the acts of police brutality are used to

control the black community. The second and third aspects; control of production and decision

making process, are correlated in that the NFL players’ decision to speak out against system of

inequality can result in them losing their means of production (salary). The fourth aspect is the

control of their definition of knowledge. By denying that their beliefs are invalid and refusing to

see the reason the NFL players are kneeling, they are inferring that its not even an issue. The

final aspect that Turk theorizes is the control of human attention and living time. Those in power

control the primary attention of the public. In this case, the NFL, make laws that will fine players
Jocelyn Faul
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who choose to kneel during the National Anthem, ultimately benefiting themselves by appeasing

those who were opposed (Inderbitzen et al 2013). They are silencing the importance of their

message by imposing sanctions for their actions.

Peace-making theory is at the center of Kaepernick’s platform today. As a representative

for Nike, (a campaign that also received heavy criticism and boycotting from the public because

of Kaepernick’s participation), his supporting message is, “Believe in something. Even if means

losing everything.” His message has centralized since he first took a knee two years ago in

August 2016. His intent is not to promote violence or focus the anger towards the police. Instead,

he has made it clear that his intention is to give a voice to the voiceless. He recognizes his

privilege and how he can use it to benefit the communities that are suffering. One persisting

counter-argument to the Black Lives Matter movement is the response that “all lives matter.”

The truth of that was never in question. The reality is that supporters of the movement are not

saying only black lives matter or black lives matter more. However, in these specific instances it

is a movement, a cry out to humanity, intending to draw attention to a specific issue, the

suffering of a community whose members, youth alike, are being killed under gruesome

circumstances (Chernega 2016). Colin Kaepernick recognized this lack of attention given to

justice being carried out on behalf of these victims. He has not backed down from addressing

these issues and using opportunities to educate the public (Creswell, Draper, and Maheshwari

2018).

Race is a difficult topic to navigate within American Culture. Color-blind perspectives

encourage ignorance regarding the influence of race on the social structures of American

Society. They are used to excuse discriminatory practices, citing marginal African American

success as support of the validity in American Meritocracy. Anyone who appears to oppose
Jocelyn Faul
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American values by ignoring cultural practices such as by kneeling during the playing of the

National Anthem, is considered an outsider; someone who does not value America. The United

States has not addressed their racial history, and the injustices that have shaped the treatment of

minority citizens specifically. Negative stereotypes continue to characterize African Americans

and shape how police are more likely to consider them a suspect. General ignorance contributes

to misunderstandings and harmful labeling of deviant behavior. Until there is a common

understanding of how history has shaped the power dynamics of race over the centuries, the

divide between white and black Americans will not fully be repaired.
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