[Eugene Volokh] Court Reaffirms: H.S. Athlete Likely Has Right to Kneel During National Anthem

I blogged about this case last week, when a temporary restraining order was issued; yesterday, the court issued a longer-term preliminary injunction, with a longer discussion — here's the key analysis: Plaintiff is a high school senior at San Pasqual Valley High School …, who played or plays on the School's varsity football and basketball teams…. During the recent 2017 football season, Plaintiff began to silently kneel during the National Anthem. Plaintiff's decision to kneel was aimed at expressing his "personal feelings and concern about racial injustice in our country." He stated that he wanted to provide a reminder that "racial injustice in our country" exists, "which we must not tolerate." For the upcoming basketball season and other sport seasons, Plaintiff intends to kneel during the National Anthem when it is played. At a home football game on September 29, 2017, Plaintiff kneeled during the National Anthem, and did so…

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