Patriotism and sports: A losing combo for 1st Amendment – Chicago Tribune

When Colin Kaepernick of the San Francisco 49ers remained seated during the playing of “The Star-Spangled Banner” at an Aug. 26 NFL preseason game — later telling reporters that he refused “to show pride in a flag for a country that oppresses black people” — he provoked strong reactions of anger and support. Other athletes were inspired to join his protest.

The controversy surrounding the Kaepernick incident made it easy to overlook the fact that it was happening at a football game. Live sporting events, the fulcrum of a more than $60 billion entertainment industry, are the only place Americans now regularly hear the national anthem. This merger of sports and patriotism has troubling implications for First Amendment rights.

The national anthem may seem like an inevitable part of pregame ritual, but its history is intertwined with the growth of sports as a business. The “Star-Spangled Banner” was first played by brass bands to mark baseball’s opening day. Its earliest performance was May 15, 1862, at the Union Base Ball and Cricket Grounds in Brooklyn, a skating rink converted into a fenced-in baseball diamond. The owner, William Cammeyer, was trying to promote sports as a public good (the fence was partly to shield female spectators from “the indecorous behavior of rowdies”), but the idea was picked up by others who saw potential for profit. Soon the practice of selling tickets to fenced-in games had spread, and pregame festivities had come to include marches, concerts and regular renditions of “The Star-Spangled Banner.”

At first “The Star-Spangled Banner” was one of many ballpark favorites, played alongside now-forgotten anthems like “Columbia, Gem of the Ocean.” Patriotic songs were used to fill dead time between innings, and fans usually responded with cheering rather than silence.