Application of Normative Ethics To Explain Colin Kaepernick's Silent Protest in The NFL - The Sport Journal

2/6/2019 Application of Normative Ethics to Explain Colin Kaepernick’s Silent Protest in the NFL – The Sport Journal
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Application of Normative
Ethics to Explain Colin
Kaepernick’s Silent Protest
in the NFL
Authors: Daniel Kane and Dr. Bonnie Tiell
A liations: United States Sports Academy Article

Corresponding Author:
Categories
Daniel Kane
 Aerospace Physiology
20 Ravenhurst Ave
Staten Island, NY 10310
 Commentary
Danielskane@gmail.com
917-545-9179
 Concussions
Daniel Kane is a doctoral student at the United States Sports Academy

 Contemporary Sports
pursuing his degree in sports management. He is also an Adjunct
Issues
Lecturer at CUNY Kingsborough Community College and CUNY School
of Professional Studies.
 General
http://thesportjournal.org/article/application-of-normative-ethics-to-explain-colin-kaepernicks-silent-protest-in-the-nfl/ 1/20
Contributing Author:
 Leadership
Dr. Bonnie Tiell
2696 S. Twp Rd 1195
 Olympics
Ti n, OH 44883
btiell@ti n.edu
 Research
419.357.1381
 Sport Education
Dr. Bonnie Tiell is a Professor of Management at Ti n University and
member of the national faculty for the United States Sports Academy
 Sport Training
(2014 Alumna of the Year). She is also founder of the Olympic
Academic Experience (Athens 2004; Beijing 2008; London 2012; Rio
 Sports Coaching
2016) and co-founder of the Women’s Leadership Symposium in
Intercollegiate Athletics. In 2016 she was recognized as the Woman of
 Sports Exercise
the Year in Sports for the Cleveland Chapter of Women in Sports and
Science
Events (WISE).
 Sports Facilities
ABSTRACT
Colin Kaepernick, a player in the National Football League (NFL),
 Sports Health &
created a national debate when refusing to stand during the national
Fitness
anthem throughout the 2016 season. Kaepernick’s intentions were to
bring attention to issues of social injustice, however, many believed
 Sports History
that his actions were disrespectful to the United States of America.
This article builds a theoretical framework using three sub-theories
 Sports Management
and nine principles of normative ethics to explore perceptions of
Kaepernick’s silent protest as being right or wrong.
 Sports Marketing
Keywords: Colin Kaepernick, normative ethics, virtue ethics,

 Sports Medicine
consequentialism, deontology
 Sports Nutrition
Application of Normative Ethics to Explain Colin Kaepernick’s
Silent Protest in the NFL
 Sports Studies and
On August 14th and 20th 2016, the backup quarterback for the San
Sports Psychology
Francisco 49ers Colin Kaepernick sat down during the National
Football League’s (NFL) national anthem pregame ceremonies
 University Athletes
(Sandritter, 2016). The action went unnoticed due to the fact
Kaepernick was not in uniform or scheduled to play. Instead, on
 Women and Sports
August 26, 2016, a picture of Kaepernick sitting on the bench in
uniform while the national anthem played during a pre-season game
against the Green Bay Packers was tweeted by a beat writer for an
online sport publication (Chan, 2016). The tweet quickly gained
attention prompting media sources to initiate discussions on
Kaepernick’s actions.
In an interview with NFL Media following the game and tweet,

Kaepernick indicated his refusal to stand during the national anthem
was to express his dissent for the oppression of black people and
people of color (Wyche, 2016). Kaepernick soon began kneeling for the
national anthem igniting waves of copy-cat demonstrations by scores
of youth, high school, collegiate, and professional athletes (Bishop,
2016, p. 70; Toporek, 2016; Zirin, 2016).
The issue of racial and social injustice in America gained national

attention due to Kaepernick’s silent protest which sparked ongoing
debate regarding the ethical and legal implications behind his actions
and decisions. Normative ethics is a theoretical construct to explain
the appropriateness of Colin Kaepernick’s decision to conduct a silent
protest before NFL games. The nature of normative ethics permits
individuals to rationalize the degree to which conduct, such as the
silent protest by the 49ers backup quarterback, is good or bad
according to standards.
In the NFL, normative ethics has been applied to debating the use of
Native American mascots, concussion treatment and litigation,
physician con dentiality, the application of the “Rooney” Rule to
increase the percentage of minorities in leadership roles, discipline
actions for cases of domestic violence, drug testing, the act of clearing
snow from a spot on the eld before a eld goal attempt, excessive
end zone celebrations, and even fan tailgating activities (Deubert,
Cohen, Lynch, 2016; Hudson & Spradley, 2016; Thornton, Champion Jr,
& Ruddell, 2012). Discussion on debated topics typically addresses the
dichotomy of perceptions regarding whether ¬particular actions of the
league, teams, players, or fans are right or wrong.
This paper addresses normative ethics to evaluate the

appropriateness of the San Francisco 49er’s Colin Kaepernick’s failure
to stand during the national anthem throughout the 2016 NFL season.
An examination of the nine principles of normative ethics will explore
a range of values and legal constructs as they apply to the actions of
the NFL player. Further examination of Kaepernick’s case through the
moral framework of three sub-theories of normative ethics (virtue
ethics, deontology, and consequentialism) will add a dimension of
critical analysis.
Normative Ethics
Normative ethics, or the study of ethical action, is a branch of
philosophy that assists individuals in evaluating what is considered
normal or abnormal behavior by questioning what is generally
perceived to meet, exceed, or fall below a particular standard or
threshold. Normative ethics has been described as the virtues, values,
ends, and practices generally considered by a society as being “good,
right, correct, (or) best” (Flanagan, Ancell, Martin, & Steenbergen,
2014). In general, normative ethics validates appropriate standards of
conduct according to duties and rules that should ordinarily be

followed by individuals (Thorton et al., 2012, pg. 6). A subjective
interpretation of behavior is permitted when applying normative
ethics to determine if action is good or bad, right or wrong, or
somewhere in between.
The application of normative ethics considers sub-theories of virtue

ethics, deontology, and consequentialism (Crisp, 2015; Filip, Saheba,
Wick, & Radfar, 2016; Flanagan et al., 2014; Thorton et al., 2012). Virtue
ethics considers the moral character of the agent to determine the
appropriateness of actions based on expected characteristics.
Deontology uses a principled approach in examining the role of rules
and duty as they apply to the formal properties of the action,
behavior, or conduct. Finally, consequentialism focuses on the
outcomes and bene ts of an action to determine the correctness or
appropriateness (Filip et al., 2016).
Thorton et al., (2012, p. 7) nine principles of normative ethics also

assists in evaluating the degree to which actions by an individual can
be considered right or wrong. These nine principles are benevolence,
honesty, autonomy, justice, paternalism, harm, social bene t, rights,
and lawfulness. Several of the principles (benevolence, honesty,
autonomy, paternalism, harm, and social bene t) permit greater
latitude in evaluating characteristics of actions as they withstand a
more liberal interpretation from individual perception. Three of the
principles (justice, rights, and lawfulness), however, are judged upon
stricter conditions through legal or judicial interpretation of behavior.
Although there is some overlap, several of the principles align more

closely with the sub-theory of consequentialism when considering
harm or social bene t as an outcome of the actions. Other principles
such as honesty and benevolence align more closely with the sub-
theory of virtue ethics in evaluating the moral character of the
individual displaying the questionable behavior. Finally, several
principles (e.g. autonomy, lawfulness) are attributable to the act itself
aligning with a deontological approach for evaluating the acceptability
or appropriateness of behaviors.
The Framework of Normative Ethics for Evaluating Kaepernick’s

Silent Protest
Kaepernick’s decision to refuse to stand during the national anthem
correlates to an analysis of a series of events that may explain the
ethical dilemmas that resulted. The action of sitting or kneeling is only
one part of the scenario; the timing and rationale also need to be
considered to explain the full implications of Kaepernick’s decision as
it relates to normative ethics.
In terms of virtue ethics and the moral character of the individual, a

deeper analysis can be conducted on Kaepernick as a member of
society and the NFL. Secondly, deontology permits a deeper analysis
of the actual act of refusing to stand during the national anthem in
respect to Kaepernick’s intentions for kneeling or sitting (duty) and the
consideration for the legality of his actions (rules). Finally,
consequentialism assesses the results and outcomes of the NFL
player’s decisions on stakeholders and society as a whole.
There are general expectations of how a professional athlete in the

NFL should conduct himself which makes a case for applying the sub-
theory of virtue ethics to explain the correctness of Kaepernick’s
questionable actions. Secondly, examining Kaepernick’s sense of duty
and virtue to bring an issue that he felt was being ignored to attention
applies to deontology when deciphering the actual act of kneeling or
sitting during the national anthem. Finally, tracking the consequences
of his actions on individual groups and society as a whole purports the
acceptance of consequentialism as a means to decide the
appropriateness of Kaepernick’s gestures during the national anthem.
Virtue Ethics
As previously indicated, virtue ethics explores the general
characteristics or traits of the individual (agent) committing the action
or behavior questioned for its appropriateness or correctness.
Benevolence and honesty, for example, are two principles of
normative ethics that correlate with virtue ethics. If one were to
consider Colin Kaepernick as a genuinely benevolent and honest
individual, virtue ethics would validate his failure to stand during the
national anthem as appropriate behavior.
What makes this philosophical thought more intriguing is the concept

of relativism in not accepting virtuous traits as universal or absolute.
Using relativism as a framework, Kaepernick’s actions would be a
matter of interpreting the player’s general nature as virtuous and
good or bad. His charitable contributions in time and money validate
his benevolence. His charity e orts includes a pledge of $100,000 a
month for ten months ($1 million total) to “ ght oppression of all kinds
globally, through education and social activism” (Colin Kaepernick
Foundation, n.d.). He donated proceeds from jersey sales and during a
bye week in the 2016 NFL season, the back-up quarterback donated
his time mentoring over 100 youth on nutrition, health, and
interacting with law enforcement o cials (Reimer, 2016).
In addition to his charitable contributions, a former NFL coach used

the term “remarkable” to describe Kaepernick while additionally
praising him as an “outstanding player and trusted teammate”
(Harbaugh, 2017). Given the credibility of his former coach who can
attest to the general characteristics and traits of the player, virtue
ethics would assist in substantiating the appropriateness Kaepernick
failure to stand during the national anthem.
Virtue ethics has many di erent de nitions in various ethical theories.

Aristotle links a person’s character of good or bad to habituation and
the continual choices a person makes will either be good or bad
(Aristotle, 1894). Rather than using all of Aristotle’s ethics, Aristotle
(2015) believes a neo-Aristotelian theory should be utilized, in which
some parts of his theories explain virtue ethics, but not all his
theories. Habit, for example, helps to de ne the character of Colin
Kaepernick as a professional sports athlete. He has a talent for
learning routines and executing repetitions in practices and games,
but having a skill is not a value associated with an individual’s
character as a good or bad person. Annas (2015) indicates that virtue
is not de ned by a situation but rather how the person handled the
situation. Individuals may claim they are good and have a general
propensity to assist people in need, but following through and having
tangible evidence of how individuals are helped is a greater indicator
of good or benevolent character.
Evidence of Kaepernick’s character may be seen in his charitable

contributions and in his candid meeting with the press shortly after
his initial silent protest was publically noticed. He spoke about
injustice and the fact that he wanted to present an uncomfortable
conversation in hopes that the country could become uni ed on the
topic (Sandritter, 2016). Within a short span, the message of
oppression towards a speci c race was equated with the injustice that
people in American society identi ed with through Kaepernick’s words
and gestures. By generating publicity and conversation, one could
generalize his virtuous character in attempting to bring attention to a
social issue.
The subject of police brutality is the outrage that provided the impetus
to the message behind Kaepernick’s silent protests. Due to multiple
incidents within a short period, exposing the issue of race and police
brutality was already gaining national media attention before the 2016
NFL season. Individuals concluded Kaepernick was expressing a
speci c side of the emerging national debate when he reported to
practice depicting cops as pigs on his socks. Comments surfaced that
he was insulting the police by wearing the socks. Kaepernick posted a
message on his Instagram stating his intentions were to further raise
national attention against rogue cops that are dangerous to people
and cops as well (Kaepernick7, n.d.).
Substantiating the virtuous character of Kaepernick described by a

former coach and evidenced by his charitable contributions becomes
challenging considering his decision to wear socks depicting cops as
pigs and asserting his status as a sensationalized professional player
to exasperate a message about the dangers of rouge police through
social media. Applying virtue ethics to determine whether the former
back-up quarterback was correct in staging silent protests over the
2016 season further exposes a dichotomy of public perception
depending on cognitive appraisal of his character.
Deontology
The sub-theory of deontology evaluates an act as correct or right
“solely in virtue of its being in accordance with a correct moral rule or
principle” (Hurthouse, 1991, as cited in Crisp, 2015). Deontology does
not focus on the moral characteristics of the agent committing the act
or the consequences of actions to individual groups or society as a
whole. Instead, deontology seeks to explain the morality or
correctness solely of the particular act through an assessment of
rules, laws, duties, or obligations.
In terms of assessing whether Kaepernick’s actions violated any

governing rules or laws, both the United States (U.S.) Constitution and
the bylaws of the NFL Collective Bargaining Agreement are to be
considered. First, Kaepernick did not verbalize his protest, but his
actions, according to the 1st amendment of the U.S. Constitution, was
permissible given he exercised his right to freedom of expression and
to peacefully assemble to petition the government (U.S. Const. amend.
I). Therefore, he did not breach any laws governing society as a whole.
Secondly, the NFL Handbook and Collective Bargaining Agreement
does not include language to address behavior expected during the
playing of the national anthem (The National Football League, 2011,
2016). Similarly, the San Francisco 49ers do not publish rules or
language to address behavior expected during the playing of the
national anthem (Cacciola, 2016). Therefore, Kaepernick did not
violate any governing laws as a member of the NFL and his team.
If Kaepernick were a member of the National Basketball Association

(NBA), his silent protest would have breached league rules since,
unlike the NFL, The O cial Rules of the National Basketball
Association 2015-2016 (2015, p. 61) states that “players, coaches and
trainers are to stand and line up in a digni ed posture along the
sidelines or on the foul line during the playing of the National Anthem
[sic].” In the late nineties, Mahmoud Abdul-Rauf, then a player with the
Denver Nuggets, was suspended a game for not standing in a digni ed
fashion during the National Anthem (Koenig, 1998). Using normative
ethics and the principle of lawfulness, Abdul-Rauf and Kaepernick’s
protests could seem identical, as both players protested silently

during the national anthem, but both employers had di erent
protocols in place to determine if the conduct was proper. In the case
of Kaepernick, he would have been ethically correct to protest in the
manner he chose, while Abdul-Rauf would have demonstrated
improper conduct for an action that is similar. In comparing the cases
of Kaepernick and Abdul-Rauf, normative ethics using deontological as
a guiding framework does not permit a plausible explanation
according to the theory of absolutism. Masteralexis, Barr, and Hums
(2015) state, “absolutism argues that moral precepts are universal;
that is, they are applicable to all circumstances” (p.141). Two people in
the same situation did not produce the same results as to determining
the appropriateness of their conduct.
While Keapernick’s silent protests did not constitute a legal rule

violation, deontology permits consideration for motives behind an
action to rationalize correctness or acceptability according to
perceptions of principled behavior. At the time of the 2016 season of
silent protests, Kaepernick was no longer the starting quarterback for
the 49ers. Taking into account that he was now a backup and no
longer in a starting role, there is cause to speculate that his protests
were a means to earn his way back into the spotlight. Whether
Kaepernick was truly acting in e orts to assist the socially oppressed
or if he had a personal agenda to help further his career exasperates
the conundrum of judging if his failure to stand before the national
anthem was right or wrong. Principled behavior, as deontology
purports, would be demonstrated by intentions to assist the
oppressed; however, furthering one’s own agenda would be contrary
to the assumption of moral or principled actions.
Negative public reaction to Kaepernick’s failure to stand during the

national anthem was also grounded in ideas of Patriotism. Primoratz
(2008) de nes Patriotism as “the love of one’s country, identi cation
with it, and special concern for its well-being and that of compatriots”
(p. 206). Using this de nition, the act of kneeling or sitting during the
national anthem would be considered unpatriotic and wrong
according to a view of normative ethics focusing on deontology or
principled behavior.
Kaepernick’s conduct has created an interesting conundrum. From

one perspective, a person could view his actions as unpatriotic
suggesting the silent protests during the 2016 season were morally
and ethically inappropriate. Others, however, may view his actions as
patriotic and appropriate in the sense the player stood up
(metaphorically) for his beliefs in an e ort to raise awareness of social
inequality and police misconduct. Deontology provides the context to
evaluate the actions, including the motives, of Kaepernick when he

refused to stand for the national anthem.
Consequentialism
Kaepernick is not the rst sports athlete to protest social inequity in
the United States. One of the most famous silent protests against
social injustice is the 1968 Olympic medal podium in which Tommie
Smith and John Carlos raised a black-gloved hand above their heads
(Osmond, 2010). What makes Kaepernick’s protest unique, is how
other sports athletes joined the silent protest. On September 1st,
2016, Kaepernick’s teammate Eric Reed was the rst person other
than Kaepernick to kneel during the anthem (Sandritter, 2016). The
movement started to spread as other athletes in various sports began
to kneel or raise his/her st in solidarity. Some athletes were joining in
on the message while others were starting to use his/her superstar
recognition to promote various other social injustices in the United
States. Within several months, similar protests were reported at 52
high schools, 39 colleges, one middle school, and two youth teams in
35 states and three countries overseas (Gibbs and Khan, 2016;
Toperek, 2016). Players from at least three teams in the WNBA, a gold
medal swimmer competing in Brazil, and USA soccer player Megan
Rapinoe, all followed suit with a form of silent protest during the
playing of the national anthem before their competition (Caccliola,
2016; Sandritter, 2016).
Obviously, Kaepernick’s actions had an impact on other athletes who

aspired to emulate his actions. Consequentialism argues that the
morality of an action is contingent upon the impact or outcome. For
one, Kaepernick unknowingly became a transformational leader.
Groves and LaRocca (2011) state, “transformational leaders in uence
their followers by developing and communicating a collective vision
and inspiring them to look beyond self-interests for the good of the
team and organization” (p. 512). The Times (2017) magazine named
Kaepernick as one of the world’s 100 most in uential people in 2017,
however, former lists have also included world assassin Osama bin
Ladin and Bernard Mado , convicted of the largest Ponzi scheme in
American History (The Times, 2009).
Consequentialism, according to Hursthouse (1999, as cited in Crisp,

2015) contends that actions are right if they promote the best
outcomes in which “happiness is maximized.” Certainly, Kaepernick’s
actions had an impact on numerous stakeholders. For one, his
immediate employer (the San Francisco 49ers) nished the 2016
season with 2 wins and 14 losses and the NFL experienced a decline in
television ratings including a 11% drop in the rst six weeks (Perez,
2016). In an evaluation of the consequences, perceptions from
stakeholders negatively a ected by Kaepernick’s actions would

contend his silent protests were counterproductive. Still, the theory of
absolutism would question whether Kaepernick’s actions were the
sole reason behind the team’s poor eld performance or the ratings
decline in the NFL. In a poll of NFL fans, 40% of those who were
watching fewer games cited the Kaepernick distraction while 17%
referenced the U.S. presidential election as a deterrent (Perez, 2016).
Consequentialism may explain the inappropriateness of Kaepernick’s

silent protests based on outcomes experienced by the NFL and San
Francisco 49ers. However, consequentialism works in favor of
validating his actions according to an assessment of the outcomes
towards the population of socially oppressed citizens in the United
States, the primary stakeholder group which the player targeted
through his silent protests. Those who experienced unwarranted
police brutality or other types of social or racial injustice would
contend that Kaepernick’s actions were indeed moral and acceptable,
according to consequentialism. The widespread public attention
associated with issues of social oppression caused greater pleasure
than pain for a portion of society who may have felt slighted by racial
or other types of injustice.
Principles of Normative Ethics and Kaepernick’s Silent Protest

Applying Thorton et al., (2012) nine principles of normative ethics
permits a deeper analysis of Kaepernick’s behavior to evaluate the
appropriateness of his actions. Each principle incorporates a basis to
assess societal views and to establish an individual judgement
regarding whether Kaepernick’s conduct by failing to stand during the
national anthem was right or wrong. The principles can be connected
to the sub-theories of virtue ethics, deontology, and consequentialism
with some overlap.
(1) Benevolence
The rst principle of normative ethics, benevolence, describes a
propensity to assist others in need through acts of kindness or
humanitarianism. Similar to benevolence is the concept of altruism
described as an individual’s unsel sh actions and activities to help the
welfare of others (Kitcher, 2010). In terms of virtue ethics, one may
consider Kaepernick to be characteristically benevolent or kind or
altruistic in his donation of time and money to assist the oppressed.
As previously indicated, the former quarterback pledged $1 million
from his namesake foundation and donated proceeds from jersey
sales to ght oppression. He also donated time to mentor
underprivileged youth on nutrition, health, and law enforcement.
Kaepernick genuinely believed that a social injustice was being

ignored and his celebrity status would assist to raise awareness of an
elusive issue in mainstream society. The concept of benevolence in
this scenario could be considered contextual since Kaepernick
demonstrated a concern for the well-being of those that were being
harmed by social injustice (Christian, 2012). Once his silent protest
was noticed, news sources and social media brought the issue of
social injustice to a national debate which was one of the intentions of
his act.
(2) Honesty
Honesty, the second principle of normative ethics, is often described
as a synonym for integrity or truthfulness and de ned as the act of
refraining from deception. Virtue ethics assesses the honest nature
and general characteristics or traits of Kaepernick in being truthful.
Public accounts do not indicate instances whereby the player acted
deceitful or dishonest throughout his life. In general, Kaepernick’s
general nature could be considered honest.
In deontological terms to determine if Kaepernick’s intentions were

honest when choosing to sit, then kneel during the national anthem as
a gesture to help others in need, two tests could be applied. The rst
test is the correspondence test which justi es the accuracy of a
statement by fact checking (Christian, 2012). In an exclusive interview
with NFL reporter Steve Wyche (2016, para. 3) following the rst
occasion his actions to sit during the national anthem were publicized,
Kaepernick stated, “I am not going to stand up to show pride in a ag
for a country that oppresses black people and people of color.” When
making this statement, it was surmised that Kaepernick based his
response on the “black lives matter” movement which highlighted
institutionalized discrimination against African-Americans following
the shooting of unarmed black people by white police (Sanchez &
Giwargis, 2016). Thus, his statement could be considered honest and
true by virtue of being validated by other sources.
The second test for honesty is the “coherence” test which purports a
fact-claim can be accepted as true “if it harmonizes (coheres) with
other facts that one has already accepted as true” (Christian, 2012, p.
206). Kaepernick’s statement could also be considered factual or
honest as purported by the coherence test by virtue of his personal
cognition of events upon viewing media reports on police brutality
and evidence of social injustice (Biderman, 2016).
(3) Autonomy
Autonomy, the third principle of normative ethics, recognizes an
individual’s independence or natural freedom from external controls.
Autonomy can be applied to assessing the duties and rules of his

actions as deontological theories support.
In the physical sense, Kaepernick was freely allowed to sit (or kneel)
without interference or restraint of his actions by team or NFL
o cials. In the metaphorical sense as it relates to normative ethics,
Kaepernick sensed a freedom or autonomy in having a right to kneel
or sit during the anthem. In this respect, autonomy partially explains
the player’s behavior in contrast of the norms set by others (Christian,
2012). When staging his silent protest, Kaepernick was seemingly
acting in spite of peer pressure, impending consequences from
authority gures, or forthcoming negative reactions from the general
public.
(4) Justice
Justice, the fourth principle of normative ethics, suggests an individual
has the right to live, act, and be judged in a manner considered fair
and equitable. In evaluating the potential consequences of
Kaepernick’s actions to bring about reform for those a icted by social
injustice, consequentialism views through normative ethics would
suggest his actions were virtuous, bene cial, and just. Considering the
intentions to provide justice to ensure people get what they deserve,
Kaepernick’s protests were to send a message that selected police in a
surge of brutality cases should be punished to a greater extent. Those
who believe the silent protests throughout the NFL season assisted in
providing justice to the oppressed in making their lives better would
support the correctness of Kaepernick’s actions.
(5) Paternalism
Paternalism, the fth principle of normative ethics, describes the act
of “assisting others to achieve what is in their best interests when they
are unable to do so” (Thornton et al., 2012, p.7). Paternalism also
suggests a protectionist gesture to further the dominant ideology such
as a government’s providing social welfare for individuals below the
poverty level. Paternalism could be considered the central intention
behind Kaepernick’s silent protest in purporting a protectionist
attitude for those a icted by oppression due to their social class or
race. Some may argue that Kaepernick’s intentions were sel sh and in
satisfying his own purpose to gain personal attention as opposed to
paternalistic in e orts to assist the welfare of others. Despite criticism,
the paternalism principle for validating the normative ethics of
Kaepernick’s silent protest can be validated by the national attention
on the issue of social injustice generated by his decision to sit, then
kneel during the national anthem.
(6) No Harm
The sixth principle for considering conduct appropriate according to
normative ethics is to do no harm to others (Thornton et al., 2012).

Harm can be inferred in di erent forms. While no one was physically
a ected by Kaepernick’s failure to stand during the national anthem,
harm can be inferred to his employer since NFL media ratings
declined during the period, whether attributable to the silent protests
or due to unrelated factors. While a poll conducted through by the
Sharkey Institute at Seton Hall University (2016) revealed that 56% of
841 adults blamed the national anthem protest on the decline in NFL
ratings, other variables such as the timing of the presidential debates
may have also a ected a drop in viewership. Therefore, it is di cult to
assess whether the normative principle not to harm others (i.e.,
Kaepernick’s employer) was adhered to when the quarterback failed
to stand during the national anthem.
(7) Social Bene t

Social bene t, the seventh principle of normative ethics, also supports
the application of consequentialism in evaluating Kaepernick’s
conduct. Social bene t advocates that some actions may be
advantageous to society as a whole and therefore, are considered
prudent or appropriate conduct.
In his staged silent protest each time the national anthem was played
during the 2016 San Francisco 49ers games, Kaepernick’s
demonstration was intended to target a community within society,
namely, the oppressed. It can be surmised that Kaepernick’s refusal to
stand was ethically justi ed based on the social bene t explained by
Jeremy Bentham’s hedonic calculus theory of Utilitarianism purporting
that actions are right if they bene t the majority (Schneider, 2010, p.
52). Considering a shorter metric of the hedonic calculus theory,
Kaepernick did not cause more pain than pleasure for society. Since
pleasure, in this case, is greater than the pain, one may claim that
society bene tted from the protest.
(8) Rights
The eighth principle of normative ethics is “rights” which, according to
Thorton et al., (2012, p. 7), refers to “autonomy, privacy, free
expression, and personal safety.” Deontology applies to the principle
of rights as a condition of duties and rules guiding actions. His rights
a orded by the 1st Amendment of the U.S. Constitution permitted the
freedom to express his views in a silent protest. Kaepernick exercised
the right to act autonomously as long as he wasn’t in violation of rules
or laws or breached his duties as a professional player and citizen of
the United States of America. While Kaepernick’s personal safety was
violated after receiving death threats through social media and other
avenues, the personal safety of others was not at risk by the actions of
his silent protest (Maiocco, 2016). Finally, by selecting a national

television audience, Kaepernick waived any rights to privacy.
(9) Lawfulness
The ninth and nal principle for considering conduct appropriate
according to normative ethics and the sub-theory of deontology is
“lawfulness” which refers to the rules and laws that bene t both
individuals and society as a whole (Thornton et al., 2012, p. 7). To
address the lawfulness of Kaepernick’s silent protests, it is essential to
consider the rules and laws governing actions as a member of the
National Football League (individually) and the constitutional laws
governing society as a whole. In the NFL, kneeling or sitting during the
national anthem does not violate any rules or laws which is a
condition of using deontology to explain the right or wrong nature of
Kaepernick’s action. According to freedom a orded by the 1st
amendment of the U.S. Constitution and the rules of the NFL
Collective Bargaining Agreement, there were no breach of legal rules
or laws by Kaepernick when he chose to sit and kneel during the
national anthem.
CONCLUSION
It has been surmised that ethical or moral theories should aim not
merely serve a purpose to distinguish right from wrong or good from
bad, but to provide an explanation (Crisp, 2015). A framework has
been created in attempt to explain Kaepernick’s silent protest by
virtue of three sub-theories and nine principles associated with
normative ethics. The sub-theories of virtue ethics, deontology, and
consequentialism provide a lens to judge whether Kaepernick was
right or wrong when sitting, then kneeling, during the national
anthem. The nine principles of normative ethics provide additional
tools to assist in judging the appropriateness of the actions and
character that started a national dialogue on social injustice in
America.
Although this paper is a framework, a de nitive answer using ethical

theories to determine if Kaepernick can be considered right or wrong
for his protest is still grounded in individual perception and relativism.
The nation became polarized as discussion over the concept of right
and wrong was being debated. Using virtue ethics, an analysis of his
actions gave some insight into Kaepernick’s moral compass. A
consequentialist would state that the results of the protest mattered
more than the maneuvers to determine if he was right or wrong
(Mizzoni, 2009). Those applying deontology judged the principled
nature and motives of Kaepernick’s actions to assess if the silent
protests for right or wrong. A future paper could further explore the
interaction of the theories in explaining the success or failure of silent
protest to raise awareness of minimize the occurrence of social

injustices.
Anthony Weston (2006) categorizes ethical decisions as “right versus

right” whereby instead of choosing a side of a discussion, both
perspectives should be considered. Philosopher John Dewey (1929)
states that only a dogmatist would see an issue as good or bad and
not consider what both sides have to say. In light of multiple views on
the issue of Kaepernick’s silent protests during the 2016 NFL season,
normative ethics provides the appropriate framework for which
individuals can validate personal views on a rare occurrence in
professional sports.
ACKNOWLEDGEMENTS
None
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2/6/2019 Application of Normative Ethics to Explain Colin Kaepernick’s Silent Protest in the NFL – The Sport Journal

ISSN: 1543-9518 | Vol. 20

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A liations: United States Sports Academy Article

Daniel Kane is a doctoral student at the United States Sports Academy

Keywords: Colin Kaepernick, normative ethics, virtue ethics,

In an interview with NFL Media following the game and tweet,

The issue of racial and social injustice in America gained national

This paper addresses normative ethics to evaluate the

conduct according to duties and rules that should ordinarily be

The application of normative ethics considers sub-theories of virtue

Thorton et al., (2012, p. 7) nine principles of normative ethics also

Although there is some overlap, several of the principles align more

The Framework of Normative Ethics for Evaluating Kaepernick’s

In terms of virtue ethics and the moral character of the individual, a

There are general expectations of how a professional athlete in the

What makes this philosophical thought more intriguing is the concept

In addition to his charitable contributions, a former NFL coach used

Virtue ethics has many di erent de nitions in various ethical theories.

Evidence of Kaepernick’s character may be seen in his charitable

Substantiating the virtuous character of Kaepernick described by a

In terms of assessing whether Kaepernick’s actions violated any

If Kaepernick were a member of the National Basketball Association

protests could seem identical, as both players protested silently

While Keapernick’s silent protests did not constitute a legal rule

Negative public reaction to Kaepernick’s failure to stand during the

Kaepernick’s conduct has created an interesting conundrum. From

evaluate the actions, including the motives, of Kaepernick when he

Obviously, Kaepernick’s actions had an impact on other athletes who

Consequentialism, according to Hursthouse (1999, as cited in Crisp,

stakeholders negatively a ected by Kaepernick’s actions would

Consequentialism may explain the inappropriateness of Kaepernick’s

Principles of Normative Ethics and Kaepernick’s Silent Protest

Kaepernick genuinely believed that a social injustice was being

In deontological terms to determine if Kaepernick’s intentions were

Autonomy can be applied to assessing the duties and rules of his

normative ethics is to do no harm to others (Thornton et al., 2012).

(7) Social Bene t

his silent protest (Maiocco, 2016). Finally, by selecting a national

Although this paper is a framework, a de nitive answer using ethical

protest to raise awareness of minimize the occurrence of social

Anthony Weston (2006) categorizes ethical decisions as “right versus

and ethical theories in the context of human behavior. Ethics and

protests drag down viewership. The New York Post. Metro, 3.

Olympic Edition Awards of Sport Recognizing ESports

July 27th, 2017 | Commentary, Sports Studies and Sports

GET SOCIAL Moon, Enrico N. Esposito, and

there is now a clamoring for

© Copyright 2018 United States Sports Academy | All Rights Reserved

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