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The Colin Kaepernick Act of Resistance:

Get Up! Stand Up and Take A Knee

By

Delroy Constantine-Simms

America needs to acknowledge and recognise that its very beloved country, constitution and
its institutions, are founded on a blood soaked racist history, that began in 1492 when
Christopher Columbus, arrived from Europe and accidently disembarked on to land, that
belonged to a welcoming indigenous people, a welcome that would eventually be repaid with
deception, destruction and genocidal colonialism.

In order to develop these new lands, unsuspecting Africans were forcibly captured and
involuntarily transported from Africa to these newly colonized lands to work as slaves, at the
behest of their new colonial slave masters, courtesy of the British Empire and others. In order
to maintain control over the growing slave population, their captors, established slave codes,
which enabled slave masters to subject them to the most unimaginable state endorsed brutality,
vigorously enforced by slave patrols, which basically ensured that slaves endured a never-
ending life of servitude, brutality devoid of any legal protections. Interestingly, between 1775-
1783 disgruntled Americans colonials fought a war of independence, which enabled them to
escape the clutches of the British empire, and by 1787 establish an American constitution which
guaranteed them legal protections that have never been fully extended to African Americans.

In 21st century America, the brutalization of the African American community continues
unabated. Generations before, have complained, marched and even died, for the principle of
enjoying the same constitutional rights as their white American citizens, a demand, that has for
too long, being systematically and routinely denied.

When African-Americans are afforded the opportunity, to exercise their constitutional rights,
its usually with unspoken slave code related conditions, which if broken, could lead to a range
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of reprimands such as loss of employment, housing, educational and financial opportunities, to

violent harassment and in too many cases loss of life.

While these that slave codes are no longer de jure in force, does not appear to restrain
contemporary white America from routinely expressing anger and disdain, towards African-
Americans citizens who choose to exercise their first amendment rights, especially when that
freedom of expression offers a less than complimentary critique of white Americas,
contradictory attitudes and behaviour. This mutual understood but rarely expressed de facto
understanding which acknowledge and confirms the existence of a constitutional apartheid, a
sort of race related cognitive dissonance. It’s one of many traits, which continue to manifest
itself through the negative reactions to NFL player Colin Kaepernick after he chose to kneel,
instead of stand for the American national anthem in protest against police brutality.

Rather than respect Kaepernick’s constitutionally guaranteed right to protest, his detractors
enthusiastically used their 1st amendment rights to argue that his use of the same 1st amendment
was unpatriotic, divisive. In essence they adopt a strategy of minimalization, thus preferred
him to put up, shut up and play ball or protest out of public sight, in order that the issue of
police brutality, remains out of mind. The adoption and application of narrative distortion
strategies, does not eliminate the reality, that law enforcement officers engage in stereotypical
racial profiling practices, in which African Americans fare the worst, in terms of treatment and
the violation of their constitutional rights, a situation that began in 1707, long before Colin
Kaepernick’s protest against police brutality, which began 310 years later.

If contemporary American society has ever doubted the existence of racial profiling, police
harassment, police brutality and the routine unlawful killing of unarmed African-Americans,
they can either search social media sites and a host of online libraries. museums, and social
media sites. Sadly, white America has an undeniable track record of dismissing African-
American complaints of racial discrimination, and police brutality, by retorting that Lady
Justice is colour blind, but as we all know, she has a long standing record of viewing injustices
through a pair of judgemental monochromic and binary lens, which consistently perceives
white as right and innocent and black as wrong and guilty, even in the face of overwhelming
evidence.
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Landmark Brutality Cases

The recording of the 1991 Rodney King beating, reinforced, what most African-Americans
already knew. That biased judicial system, engages in denial, projection, minimalization, which
explains the usual consistently reluctant attempts by prosecutor to charge or convict

so-called law-abiding police officers, who are accused of police brutality and worse. On March
3, 1991, when Colin Kaepernick, was just four years old, Rodney King was violently beaten
by LAPD officers during his arrest for fleeing and evading on California State Route 210. A
civilian, George Holliday, filmed the incident from his nearby balcony and sent the footage to
local news station KTLA. The footage clearly showed King being beaten repeatedly, and the
incident was covered by news media around the world. The four officers were tried on charges
of use of excessive force; three were acquitted, the jury failed to reach a verdict on one charge
for the fourth.

Within hours of the acquittals, the 1992 Los Angeles riots star sparked by outrage among
African Americans over the verdicts and longstanding social issues. Kaepernick was right to
take a knee for Eric Garner a 43 years old African American made who died in 2014. after a
New York City Police Department (NYPD) officer put him in a headlock or chokehold for
about 15 to 19 seconds while arresting him. NYPD policy prohibits the use of chokeholds, and
the officer denied choking Garner. which were triggers behind his protest. Unsurprisingly, the
police were vindicated, but alas, so many of these flag waving, anthem sing folks care more
about how Kaepernick protested as oppose to how Eric Garner died. Despite the overwhelming
visual evidence, the use of counter factual thinking is common, in this instance, the officers in
question, were able to relay imagined alternative scenarios that did not happened in order
justify their actions, it worked and ultimately, they got away with murder.

Kaepernick’s protest was undoubtedly influenced by previous incidents of police brutality, so

many that they cannot be listed. However, in 2014, Freddie Carlos Gary, Jr., a 25-year-old
black man, was arrested by the Baltimore law officers. While being transported in a police van.
Gary fell into a coma and was taken to a trauma centre. This incident led to an outbreak of
violence, across Baltimore and beyond, but as one would expect, the public appeared to be
more interested in the cost of property loss and destruction as oppose to the loss of life. It’s the
same sort of anger that suggests that respect of a flag and a song is more important than black
life. So yes, Kaepernick was right to engage in peaceful protest
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If the killing of adults, does not disturb those who have more interest in attacking Kaepernick,
over his silent protest, then one should also consider why so many who are angered at his
protest, were not moved by the shooting of Tamir Rice, a 12 year old African- American who
in 2014 was fatally shot by 26-year-old white police officer Timothy Loehman in Cleveland,
Ohio USA. If Tamir Rice had been white, statutes and scholarships would have been set up in
his name, but alas projection is the order the day, in essence blame the victim, it was his fault,
you know the thinking. In 2015, Michael Brown Jr., an 18-year-old unarmed African
American man, was fatally shot by 28-year-old Ferguson police officer Darren Wilson in the
city of Ferguson, Missouri. The indignation was instantaneous. Neighbours in Canfield Green
poured from their apartments and stared at 18-year-old Michael Brown, unarmed, face down
in the street, shot dead by a Ferguson police officer. The authorities left his body in the street
for more than three hours. The message sent was clear, you could be next.

This incident, sparked unrest and a vigorous debate in the United States about the relationship
between law enforcement officers and African Americans, the militarization of police, and the
use-of-force law in Missouri and nationwide. The unrest continued on November 24, 2014,
after a grand jury did not indict Officer Wilson.[14] It briefly continued again on the one-year
anniversary of Brown's shooting.[15] The U.S. Department of Justice concluded Wilson shot
Brown in self-defence, a rather unsurprising. In 2016. Kaepernick, like so many people on
social media, they saw Philando Castile, a 32-year-old African American, and killed by
Jeronimo Yanez, a St. Anthony, Minnesota, Latino police officer. The incident received public
attention, after being streamed on Facebook, for the whole world to see.

First Amendment Outrage

American society allegedly prides itself on the first amendment, which embodies freedom of
speech and expression. However, nothing appears to anger white America, more than when
African American tread on white fragility by offering them criticism instead of unadulterated
praise. The responses to complaints about police brutality are wide and varied, but the usual
comments such as get over it, stop being a victim, go back to Africa, and most of all shut up
you Nixxer, if it wasn’t for us you people would be starving in Africa. That last comment
always makes me smile, because African-Americans were deliberately malnourished as slaves,
and even more so when they were set free. The level of fake outrage is astounding, let’s be
clear, the issue or outrage has absolutely nothing to do with the protesting during the singing
of a racist national anthem or a flag. It’s about claiming that one is disrespecting the flag if
one does not stand with hand on heart. The flag is not God, it’s just a flag, to some it continues
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to represent many aspects of the American constitution. I guess for some it means more than
God, but to many the flag is simply a sign of oppression. So, no one should take the so-called
fake outrage seriously. It’s just a strategy to silent dissent. What’s outrageous is the lack of
outrage over lost lives. I guess since these are black lives, there is no need to for outrage unless
white lives are lost. Kaepernick and Nike’s recent collaboration spoke volumes, so many chose
to boycott and burn Nike products, because of this association. This exposed how first
amendment loving USA, took Umbridge with a man who simply chose to protest by kneeling
during the national anthem. From my recollection, no one died as result of Kaepernick’s
protest, no buildings burned, absolutely nothing. The only thing that has burn is misguided
American pride which places more value on a flag than a person’s life. Many African
Americans, that have been killed by the police, have stood loyal to the flag, they have been
taught to pledge allegiance to the flag, and for centuries, many have died for the flag.

However, the vitriol against Nike by many who support the first amendment, speaks volumes.
The reality is that Nike burning was nothing more than fake rage and misguided anger at
Kaepernick for failing to stick to the rules, of silence and compliance on the face of hostility.
He made the blood of many people boil and rightly so. I guess the truth hurts, and as to be
expected, the USA has a habit of shaming people into silence or in some extremes, making the
silent permanently. However, these same parties are quick to espouse the virtues of living in
an American democracy, yet when African-Americans, like Colin Kaepernick exercise their
constitutional right, in a manner that they consider inappropriate or unacceptable, such as the
recent national anthem protest, white mainstreams America conveniently, suffers from either
a case of historical amnesia or historical revisionism, they appear to conveniently ignore that
Kaepernick is simply exercising his 1st amendment constitutional rights.

Kaepernick Resistance

African-Americans have a long history of protest, and the USA has a long history of countering
Black protest. Contrary to popular opinion Colin Kaepernick did not engage or incite in
political violence, express disrespectful comments against, law enforcement officers or the
military, which is nothing more than belief preservation, even when the basis of their argument
have been discredited, they resort to denial when challenged. In reality. Kaepernick, protested,
silently, with no fanfare, no posters, signs or speeches, he simply chose to protest in a manner
that was certainly not threatening, yet uncomfortable many who would prefer that he did not
protest in the manner he did, if at all. It’s clear that Kaepernick detractors displayed signs of
behavioural confirmation, a type of self-fulfilling prophecy in which their behaviour enables
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Kaepernick supporters to confirm the expectation of his detractors, who unsurprising displayed
angry towards him for bringing sports into politics, a place that many deem sacred, but alas,
this same cohort are often quick to espouse the virtues of American constitution, yet engage in
cognitive dissonance and denial by refusing to acknowledge that freedom of speech and
freedom of expression, for African-American is often only acceptable as long as they can’t hear
it or see. The notion that his protest is in appropriate, is simply indicative of slave code
referencing, based on a permission complex, in which any form of African-American protest
is only valid when they say so. Moreover, the method of protest should be negotiated
beforehand. Kaepernick detractors who share that perspective, need to appreciate that African
Americans have been forced to live on their knees for centuries, without the right to complain
from the moment, the first slave arrived in Jamestown Virginia in 1619.

It’s reprehensible to think, that on the one occasion that Colin Kaepernick, chose to live on
his knees as opposed to die on his feet, he was met with a barrage of criticism for daring to
expose the projected hypocrisy of a country and culture that is easily provoked into anger, over
national anthem protocol, yet without hesitation, minimalize the loss of black life at the hands
of the police. What’s most disturbing is that so many commentators with that slave code
adherence mentality have attempted to dictate how and when Kaepernick should express his
protest. While they engage in cognitive dissonance by tentatively agreeing that he has the right
to express his concerns, with caveat, not during the national anthem, written by a slave owner
who endorsed, the American flag, a flag African Americans have pledge allegiance to and died
for since 1776 an allegiance that is inconsistently reciprocated to African-Americans, to this
very day.

Attack Kaepernick

The negative response to Colin Kaepernick silent protest, from NFL fans to the President,
proves that the 1st Amendment, does not apply to those who are critical of the police or those
who refuse to stand during the national anthem. In order to divide his supporter, there are many
critics who claim he is not black, yet they seem to forget that Kaepernick would struggle to
pass as white, and from my recollection, he has no intention of doing so in the immediate future.
Kaepernick, many have been brought up by a white family, but it’s unlikely that would have
immunized him from racism. Some argue that Kaepernick that he is too rich to complain about
racism and police brutality. I guess, the idea of a Millionaire athlete complaining about police
brutality, holds no water to white Americans who detest his protest against police brutality. In
essence, his detractors expect him to stand up, put hands on heart and sing that national anthem,
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with pride and enthusiasm, and be grateful that the NFL made him rich. These shut up and the
money detractors, fail to realise that rich African Americans are not immune to the negative
activities of the police. There have been numerous instances of well-paid athletes, and other
professionals being arrested, under the guise of racial profiling by the police for no substantial
reason.

So those who argue that Kaepernick has no business complaining, police brutality and in justice
because of his wealth, need to keep quiet, and stop assuming that wealth and celebrity can buy
African Americans immunity from racism. Let’s not forget, that Barack Obama, the first
African America President, experienced some of the most racist vitriol one could imagine,
despite being the leader of the free world. Like it or not, Colin Kaepernick is within his legal
rights to kneel and take a stand against police brutality, whenever, wherever and however he
likes. Disagreeing with Kaepernick’s protest is a constitutional right, but when the President
referred to the mainly African-Americans NFL players who knelt in solidarity with Kaepernick
as sons of bitches, while urging owners to drag protesting players off the pitch speaks volumes
about him and his supporters.

Kaepernick protesters were also surprised, when Trump suggested that NFL team owners fire
players who quietly choose to sit out the national anthem before games. They assumed they
could solve the national anthem issue by isolating, and excluding Kaepernick, and the
remaining impertinence displayed by allegedly disobedient and unpatriotic African American
NFL players which infuriated white people beyond measure. Their protest was considered
disrespectful, not just to a three coloured flag or a Francis Scott Key Bar song , taking a knee
during sacred the national is disrespectful to whiteness. It’s not that white people don’t
understand Kaepernick’s position, it’s that to them, any perspective they don’t like is non-
existent.

White Outrage Black Resistance

Trump and his supporters need to check themselves, and recognise that this is the 21 Century
not the 20th Century. How dare they tell Kaepernick, Eric Reid and their supports, how and
when to protest. If they want to take a knee, turn their back or even use the flag to wipe his ass
in protest against police brutality, that’s their choose. The arrogance of these people is
astounding, but not surprising. Despite being in the 21st century and the end of legal slavery,
some people still share this idea, that African-Americans need to seek permission for
everything they do. Mainstream white society has always been resistant, critical and highly
intolerant of African-American, protest, to the point of forcefully restricting dissent by use of
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Klan, reinforced by American federal and state institutional instruments which includes the
police, politics, prisons and last but not least, the judicial system, hence the level of toxic vitriol
which Kaepernick received from white mainstream America, who less than 60 years ago,
would have been the victim of an extrajudicial execution, that possibility still exists.

African-Americans expressing oppositional views to the anthem protest, appear to forget, that
regardless of their divergent political affiliations, the scales of equality are still tipped in favour
of white mainstream society. Toxic criticisms of Kaepernick’s protest are not restricted to white
mainstream society. Not all African-Americans agree or support Kaepernick’s method of
protest. However, the presence of meritorious manumission, focused African-American
surrogates, who vehemently express pseudo outrage, on behalf of their white mainstream
sponsors interests is no surprise. The symbolism of Kaepernick’s large Afro represent danger
to those who fear violent black protest, which has never been a part of his Kaepernick’s silent
protest strategy. His focus, is on taking a knee against police brutality, not taking lives, but
there is not guarantee that someone won’t try to take his.

White Privilege & Indifference

The average American doesn’t mind protest so long as they can’t see it. African-Americans,
have the constitutional right to feel a little inconsolable whenever a son, neighbour or fellow
citizen is shot, choked, beaten or discriminated against. As long as street protests don’t obstruct
their trips to the mall, why would white America have to think about the disproportionate and
repeated murders of African American at the hands of the police when ordering a Latte? That’s
just so unconstitutional. The fact that so many remain silent, is testament to the fact, that they
are often, if not worse than the police, for not appreciating or accepting that Kaepernick had
the right to protest, and that protest only came about, because so many chose to ignore the
issue. In essence, see no evil, hear no evil speak no evil. But as soon Kaepernick decided to
take a knee, those silent about police brutality, Saw Evil in Even when so many unarmed
African Americans have been killed, live on camera, many anti Kaepernick protester have
chosen to ignore their claims, Kaepernick silent protest is simply a loud rejection of the
extremely dismissive and uncaring attitudes that so many White Americans display when it
comes to the unexpected and abrupt ending of black life, by any hands.

Colin Kaepernick was accurate about white America’s history of hypocrisy, a history of
consistently targeting African Americans, simply because they are black. These people will
align themselves with any argument, concept or belief that enables them to silence African-
American protest as a means to evade culpability for their own prejudices towards African-
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Americans citizens. They will do anything not to be inconvenienced by the obnoxious truths
of a system, from which they benefit the most. Therefore, it should be no surprise that white
people are so pugnaciously shaken by Colin Kaepernick, quests to defend a freedom they don’t
like him exercising. They prefer him to seek permission, well they have a long wait, because it
doesn’t look like he is the type to be asking Masser anytime soon. Kaepernick is too free for
many, because to many, the fact that he spoke out by taking a knee, during the national anthem
and is considered blasphemous, to many he is way to free.

As Harriot (2017) states, there has never been a movement for the freedom or equality of
people of African America origin, that has gained white approval. Not the abolitionist
movement. Not the anti-lynching movement. Not the Black Power movement. Not the civil
rights struggle. He goes on to argue that looking for respectability and approval from white
people will always be as fruitless a task as a chicken’s attempt to convince a fox to respect the
boundaries of the henhouse. In the good old whip em, lynch em, and castrate em days, which
made America great at the expense of African American liberty, Kaepernick would be have
been publicly and brutally punished for daring to exercise constitutional rights, strictly reserved
for white Americans. Pictures would be taken, post cards printed with images of his demise. If
social media had existed during these times, such images would be shared on insta-hang, insta-
lynch and Slavebook. Social media platforms like Whitebook would be off limits, only
favoured African Americans awarded meritourious manumission would have access, but
restricted access, pictures only, those exposed with reading or writing skills would suffer the
same consequences as Kaepernick. He also argues that historical, anecdotal and empirical
evidence shows that there is only one way for Colin Kaepernick to protest without offending
white people, don’t. Just stand up shup and play, because a Jury of angry white NFL owners
won’t let him! Unless he does a Tiger Woods!

Conclusion

White Privilege is a terrible disease, because it is invisible to those most fully afflicted with it.
When most deeply in the throes of the heart sickness, they cannot see themselves, or the reality
of the moment. They do not require data to be disgusted or truth to craft the narrative of their
suffering. Many simply feel fear, even when it is unfounded; oppression, even when there is
none; offensive, even when they have no cause. They will be profoundly pissed off when a
person of colour intrudes on their entertainment with a dose of sobering truth about life and
death.
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Reference:

Harriet, M. (2017 How To Protest With Offending White People: The Root: Accessed May20th
2019 https://www.theroot.com/how-to-protest-without-offending-white-people-1818770022