October 17, 2016

Kaepernick and the Constitution

There’s been a lot of controversy over Kaepernick’s decision to take a knee during the National Anthem. Professor Gershman of Pace Law School in New York tells us why there might not be a need for so much controversy:

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. The action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment of our Constitution to reserve from all official control.” -Bennett L. Gershman 

Listen to the rest of the podcast at: http://tinyurl.com/j7yrvfn

Matt talks with Bennett L. Gershman, a tenured Professor of Law at Pace Law School in New York. Gershman courses mainly focus on Constitutional Law, Prosecutorial Ethic, Judicial Ethics, Criminal law and Criminal Procedure. Colin Kaepernick, a NFL football player, has made a lot of noise in his protest against racial inequality. Kaepernick’s protest, which involves taking a knee during the National Anthem at NFL football games, has sparked a national outcry. This has not been the first time this debate has created a wave effect in our society. Professor Bennet L. Gershman explains the legal issues around this protest.

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