When noted constitutional law professor and part-time POTUS Barack O’TomA was asked about Colon Kaepernick’s protest during the National Anthem he said that Kaepernick had a “constitutional right” to his protest.
Sorry Professor, but we can only give you a C- for this answer. Of course Kaepernick has a “constitutional right” to express his opinion on his own time. But since his protest is on his employer’s time, he would be subject to reasonable employer policies. In this case, the NFL and its teams do not prohibit this protest. However most business legitimately and constitutionally limit this kind of expression.
What if sales associates at Macy’s took a knee in protest as you made your way to the cash register or if employees of the DMV suddenly took a knee when you finally got to the head of the line. I am sure you can think of hundreds of examples where employee rights have to be limited
So private employers have a right to enforce reasonable work rules. Sorry Professor.