Trump's Threat Against the NFL is Unconstitutional, IMO

The Moron in Chief tweeted today that the NFL should be punished through changes in the tax code because of the expression on the field by its players.

The first amendment allows freedom of expression without government interference. I know that any employer can discipline or discharge an employee for such actions, but they can also allow such actions. If if there is a rule or policy, it's up to the employer to enforce that rule or allow it to "atrophy", if it so chooses. For instance, an employer can have a dress code in a union contract that prohibits the wearing of blue jeans. It can then allow blue jeans by not enforcing the rule. It cannot, then, punish one employee, but not another, unless it notifies all employees that it will now start enforcing the rule. I don't think Jerry jones can punish his players for kneeling, but 49ers are free to kneel. The NFLPA may say that that's "unequal treatment" under their CBA. But I digress.

here is the legal opinion from Cornell University.
https://www.law.cornell.edu/wex/first_amendment


First Amendment: An Overview

<snip.The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, interfere with the right to peaceably assemble, or prohibit citizens from petitioning for a governmental redress of grievances. It was adopted into the Bill of Rights in 1791. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted the Due Process Clause of the Fourteenth Amendment as protecting these rights<snip>