The First Amendment v. Society Ignorance. You decide which to follow

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by Rosemary and Walter Brasch

Before a football game against the Green Bay Packers two weeks ago, Colin Kaepernick, San Francisco 49ers quarterback, refused to stand for the pre-game patriotic ceremony that is wound around the singing of the "Star Spangled Banner."

Kaepernick later said he was "not going to stand up to show pride in a flag for a country that oppresses black people and people of color," and said his stance, a quiet form of civil disobedience, was to him "bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder." Several professional athletes had previously protested what they saw as police brutality directed against Blacks; about 70 percent of NFL players are Black. However, Kaepernick's actions received far more attention because he was the quarterback to a Super Bowl championship team and the 49er--Packers game was televised to a national audience.

The NFL, many of Kaepernick's team mates, and civil rights activists across the country supported his right of protest; that right was burnished into the First Amendment. Others said he was unpatriotic, a disgrace, and a hypocrite for taking a six year $114 million contract, with $61 million guaranteed and the rest based on various bonuses. The Santa Clara police union issued a threat--its officers might not wish to work at future 49er games if the team's management didn't discipline Kaepernick. About 70 police are security for each of the home games.

Before the game against the San Diego Chargers this past week, Kaepernick said "The media painted this as I'm anti-American [but] that's not the case at all."

During the 1960s, hippies often sewed flag patches to their jeans to cover up holes. The establishment coiled up in fear that those who looked and acted different from them not only were unpatriotic but posed a threat to God, mother, and apple pie.

Today, just about every sub-group of society, from homeless teens through affluent senior citizens wear T-shirts, shorts, bandanas, and every kind of clothing imaginable with the American flag depicted on it. At the Olympics, American athletes even wrapped themselves in oversized flags. And no one complained about their disrespect.

During the late 1940s to the 1970s, thousands of persons, mostly in the arts, were subjected to Congressional hearings that were ways to ferret out those whose political beliefs did not match the two major political parties' idea of what a "true American" should be. Businesses and numerous governmental bodies demanded workers to sign loyalty oaths. Those who had no allegiance signed; thousands who were patriots did not and stood up to the politicians and business owners, risking their own careers but knowing such oaths were unconstitutional and discriminatory.

In the 1960s, a few million Americans sat down at lunch counters or on the streets to demand that state and the federal governments adhere to the Constitution to allow all citizens the right to vote and to receive equality under the law.

In thousands of classrooms in 26 states, the day begins with an obligatory recitation of the Pledge of Allegiance, written by a socialist in 1892 and adopted by Congress as the national pledge in 1945. Those who refuse to stand or who stand and remain silent or who don't mouth "under God," are exercising their First Amendment rights.

Colin Kaepernick repeated his constitutional right of dissent this past week when he kneeled down during the ceremony. Next to him was safety Eric Reid who also took a knee rather than stand.

Kaepernick did not rant and rave; he did not destroy property or threaten anyone's life. He just refused to stand.

Those who condemned him for what they mistakenly saw as his anti-American action might be the ones who defame the flag and American patriotism. Here's are some questions that need to be answered.

The Flag Code suggests that when the National Anthem is played, persons should stand and cover their heart with their right hand. There is no federal law that requires anyone to stand, but how many who do stand take off their baseball caps and put their right hand over their heart?

How many Americans fly tattered and weather-worn flags in front of their houses, businesses, and municipal buildings, also Flag Code violations?

How many Americans get rid of the worn-out flags, according to the Flag Code? June 14 is Flag Day. How many American newspapers run full color, full page depictions of the flag--and tie advertising blocks to it? During the first Gulf War in 1991, how many Americans flew the flag to show American pride, but were intolerant of minorities and those who rightfully protested that war or who didn't put a flag in their house windows or by their mail boxes? It was during that war that thousands of businesses flew flags, believing the larger the flag, the greater the patriotism, but still treated their workers shabbily or outsourced jobs to other countries. Just how patriotic is that? H ow many Americans are willing to send their youth to war, but when they return home don't give them jobs, counseling, or adequate medical assistance? Shouldn't that be unpatriotic? How many Americans who flew flags after 9/11 thought it was acceptable to violate the Constitution by rallying behind a government that was engaged in overt practices to deny American citizens their First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment rights? How many Americans disregard the part of the First Amendment that protects freedom of religion, and attack American citizens who are Muslims, Buddhists, Jews, or any religion other than Christian? How many Americans don't know much about history, political science, or current events, yet screech bar-room ignorance about what they think is wrong with the country, while doing nothing to improve it? In the last two months of a presidential election, how many Americans follow politicians who stand in front of large American flags, wear tiny metal flags on their lapels or collars, and condemn other politicians who don't wear flags? How patriotic is it when a millionaire politician hides money in an off-shore account to avoid paying his or her fair share of taxes? About 94 percent of all American flags are produced in China, according to the U.S. Bureau of the Census. How many Americans buy flags and all kinds of merchandise made in other countries, while neglecting American-made products? The American flag is material. It is not who we are or what we believe, nor is singing or standing for the "Star Spangled Banner," which became the national anthem only in 1931, 155 years after the Declaration of Independence was signed. The Constitution allows for divergent beliefs. Those who don't recite the Pledge or sing the Anthem are no less of a patriot than those who are determined to make their voice the loudest in the room, while their own actions show them to be nothing more than jingoistic opportunists. Patriotism can mean standing up--or sitting down--for social justice.

[Rosemary Brasch before retirement was a secretary, Red Cross family services national disaster specialist, and university instructor in labor studies. Walter Brasch is an award-winning social issues journalist, patriot, and professor emeritus of mass communications from Bloomsburg University, who refused to sign a loyalty oath to the Commonwealth of Pennsylvania. His latest book is Fracking America: Sacrificing Health and the Environment for Short-Term Economic Benefit.]

Authors Website: http://www.walterbrasch.com

Authors Bio:

Walter Brasch is an award-winning journalist and professor of journalism emeritus. His current books are Before the First Snow: Stories from the Revolution , America's Unpatriotic Acts: The Federal Government's Violation of Constitutional and Civil Rights, and 'Unacceptable': The Federal response to Hurricane Katrina, available at amazon.com, borders.com and most major on-line bookstores. BEFORE THE FIRST SNOW is also available at www.greeleyandstone.com (20 discount)

Walter Brasch, a deeply valued Senior Editor at OpEdNews passed from this world on February 9, 2017, age 71, his obituary follows:

Walter M. Brasch, Ph.D., age 71, of 2460 Second Street, Bloomsburg (Espy), died Thursday, Feb. 9, 2017, at Geisinger Medical Center, Danville surrounded by his family.

He was an award-winning former newspaper reporter and editor in California, Iowa, Indiana, and Ohio; professor emeritus of mass communications and journalism at Bloomsburg University; and an award-winning social issues journalist and book author.

Walter was born March 2, 1945, in San Diego, the son of Milton Brasch and Helen (Haskin) Brasch and was a 34 year resident of Espy.

In his early years he was a writer-producer for multimedia and film companies in California, and a copywriter and political analyst for advertising and public relations companies. For five years during the late 1990s, he was the media and social issues commentator for United Broadcasting Network. He was also the author of a syndicated newspaper column since 1992 and the creative vice-president of Scripts Destitute of Phoenix.

Dr. Brasch was a member of the Local Emergency Planning Committee and was active in the Columbia County Emergency Management Agency. He was vice-president of the Central Susquehanna chapter of the ACLU, vice-president and co-founder of the Northeast Pennsylvania Homeless Alliance, a member of the board of the Keystone Beacon Community for healthcare coordination, and was active in numerous social causes. He was co-founder with his wife Rosemary Brasch of The Oasis, a biweekly newsletter for families and friends of personnel stationed in the Persian Gulf. Later, during Operation Iraqi Freedom, they published The Oasis 2, for families of persons in combat zones. They were supported by the Bloomsburg Chapter, America Red Cross and Geisinger Medical Center, Danville.

He was the author of 20 books, most which fuse historical and contemporary social issues. Among his books are Black English and the Mass Media (1981); Forerunners of Revolution: Muckrakers and the American Social Conscience (1991); With Just Cause: The Unionization of the American Journalist (1991); Sex and the Single Beer Can: Probing the Media and American Culture (1997); Brer Rabbit, Uncle Remus, and the 'Cornfield Journalist': The Tale of Joel Chandler Harris (2000); The Joy of Sax: America During the Bill Clinton Era (2001); Unacceptable: The federal Response to Hurricane Katrina (2005); America's Unpatriotic Acts: The Federal Government's Violation of Constitutional and Civil Rights (2006); Sinking the Ship of State: The Presidency of George W. Bush (2007);  and Before the First Snow (2011). He was co-author of The Press and the State (1986), awarded Outstanding Academic Book distinction by Choice magazine, published by the American Library Association.

His last book is Fracking America: Sacrificing Health and the Environment for Short-Term Economic Benefit (2015), a critically-acclaimed novel that looks at what happens when government and energy companies form a symbiotic relationship, using "cheaper, cleaner" fuel and the lure of jobs in a depressed economy but at the expense of significant health and environmental impact.

During the past two decades, he won more than 150 regional and national media awards from the National Society of Newspaper Columnists, Society of Professional Journalists, National Federation of Press Women, USA Book News, Independent Book Publishing Professionals Group, Pennsylvania Press Club, Pennsylvania Women's Press Association, Pennsylvania Associated Press Broadcasters Association, Penn-writers, International Association of Business Communicators, Pacific Coast Press Club, and Press Club of Southern California. He was recognized in 2012 by the Pennsylvania Press Club with the Communicator of Achievement award for lifetime achievement in journalism and public service.

He was an Eagle Scout; co-recipient of the Civil Liberties Award of the American Civil Liberties Union, 1996; and was honored by San Diego State University as a Points of Excellence winner in 1997. In 2000, he received the Herb Caen Memorial Award of the National Society of Newspaper Columnists. For the Pennsylvania Humanities Council he was twice named a Commonwealth speaker. He also received the meritorious achievement medal of the U.S. Coast Guard.

At Bloomsburg University, he earned the Creative Arts Award, the Creative Teaching Award, and was named an Outstanding Student Advisor. He received the first annual Dean's Salute to Excellence in 2002, a second award in 2007, and the Maroon and Gold Quill Award for nonfiction. He was the 2004 recipient of the Martin Luther King Jr. Humanitarian Service Award. For 22 years, he was Editor-In-Chief of the awarding-winning Spectrum Magazine, part of the journalism program of the Department of Mass Communications, Bloomsburg University until his retirement in 2010.  The community magazine was published twice a year by students for residents of Columbia and Montour counties in northeastern Pennsylvania and one of the few to be inducted into the national Associated Collegiate Press hall of fame. The magazine was also a consistent award winner in competition sponsored by the Society of Professional Journalists, Columbia Scholastic Press Association, and the American Scholastic Press Association. He primarily taught magazine editing and production, public affairs reporting, feature writing, newspaper editing; every Fall, he taught a 250-student section on mass communications and the popular arts.

 Dr. Brasch was co founder of the qualitative studies division of the Association for Education in Journalism, president of the Keystone State professional chapter and for three years deputy regional director of the Society of Professional Journalists, from which he received the Director's Award and the National Freedom of Information Award. He was president of the Pennsylvania Press Club, vice-president of the Pennsylvania Women's Press Association, and founding coordinator of Pennsylvania Journalism Educators. He was a featured columnist for Liberal Opinion Week, senior correspondent for the American Reporter, senior editor for OpEdNews, and an editorial board member of Journalism History and the Journal of Media Law and Ethics.

He was a member of the National Society of Newspaper Columnists, Author's Guild, National Writers Union (UAW/AFL-CIO), The Newspaper Guild (CWA/AFL-CIO), and the Society of Environmental Journalists. He was a life member of the service fraternity Alpha Phi Omega, and was indicted into the national scholarship honor societies Phi Kappa Phi (general scholarship), Kappa Tau Alpha (journalism), Pi Gamma Mu (social sciences), and Kappa Tau Alpha (sociology.) He is listed in Who's Who in America, Who's Who in the East, Contemporary Authors, Who's Who in the Media and Who's Who in Education. Dr. Brasch earned an A.B. in sociology from San Diego State College, an M.A. in journalism from Ball State University, and a Ph.D. in mass communication/journalism, with a cognate area in both American government/public policy and language and culture studies, from The Ohio State University.

He is survived by his wife of 34 years, the former Rosemary Renn the most wonderful thing that happened in his life and whom he loved very much; two sons, Jeffery Gerber, Phoenix AZ and Matthew Gerber and his wife, Laurel  (Neyhard)  of Bloomsburg, a sister, Corey Brasch of Sacramento, Calif; a niece, Terri Pearson-Fuchs, Calif, numerous cousins; and his beloved dogs Cabot and Remy.

Funeral services will be held on Wednesday, at 2:00 p.m. at the Dean W. Kriner Inc. Funeral Home & Cremation Service,  325 Market St., Bloomsburg with family friend, Nathaniel Mitchell officiating. Interment in Elan Memorial Park, Lime Ridge.

Friends may call at the funeral home on Tuesday from 6 - 8 p.m. or Wednesday from 1-2 p.m.

In lieu of flowers, donations may be sent to the Walter M. Brasch Scholarship Fund,

c/o First Keystone Community Bank, 2301 Columbia Blvd, Bloomsburg, PA 17815 or to

Mostly Mutts, 284 Little Mountain Rd., Sunbury, PA 17801