Alan Dershowitz: Obama would have opposed NFL players’ protest too

A retired Harvard law professor has suggested that former President Obama would have opposed NFL players protesting during the national anthem if he were still in office. 

According to The Hill, Alan Dershowitz said on John Catsimatidis’s AM 970 radio show, “I don’t know that the Obama administration would’ve handled this any differently. I think President Obama would have said he disapproves of kneeling during the national anthem.”  

However, soon after then San Francisco 49ers quarterback Colin Kaepernick first protested the anthem last year, Obama reportedly had a more measured reaction at an event.

“I want Mr. Kaepernick and others who are on a knee, I want them to listen to the pain that that may cause somebody who, for example, had a spouse or a child who was killed in combat and why it hurts them to see somebody not standing," Obama said. "I also want people to think about the pain he may be expressing about somebody who’s lost a loved one that they think was unfairly shot.” 

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Sep 24, 2017; Indianapolis, IN, USA; Indianapolis Colts players kneel during the playing of the National Anthem before the game against the Cleveland Browns at Lucas Oil Stadium. Mandatory Credit: Brian Spurlock-USA TODAY Sports
LONDON, ENGLAND - SEPTEMBER 24: Baltimore Ravens players kneel for the American National anthem during the NFL International Series match between Baltimore Ravens and Jacksonville Jaguars at Wembley Stadium on September 24, 2017 in London, England. (Photo by Alex Pantling/Getty Images)
GLENDALE, AZ - SEPTEMBER 25: Members of the Dallas Cowboys link arms and kneel during the National Anthem before the start of the NFL game against the Arizona Cardinals at the University of Phoenix Stadium on September 25, 2017 in Glendale, Arizona. (Photo by Christian Petersen/Getty Images)
NFL Football - Jacksonville Jaguars vs Baltimore Ravens - NFL International Series - Wembley Stadium, London, Britain - September 24, 2017 Jacksonville Jaguars owner Shahid Khan links arms with players during the national anthems before the match Action Images via Reuters/Paul Childs
LONDON, ENGLAND - SEPTEMBER 24: (L-R) Wide recceivers Chris Moore and Breshad Perriman of the Baltimore Ravens pray prior to kickoff during the NFL match between The Jacksonville Jaguars and The Baltimore Ravens at Wembley Stadium on September 24, 2017 in London, United Kingdom. (Photo by Mitchell Gunn/Getty Images)
LONDON, ENGLAND - SEPTEMBER 24: Jacksonville Jaguar players show their protest during the National Anthem during the NFL International Series match between Baltimore Ravens and Jacksonville Jaguars at Wembley Stadium on September 24, 2017 in London, England. (Photo by Matthew Lewis/Getty Images)
NFL Football - Jacksonville Jaguars vs Baltimore Ravens - NFL International Series - Wembley Stadium, London, Britain - September 24, 2017 Patrick Omameh of the Jacksonville Jaguars kneels during the U.S. national anthem before the match Action Images via Reuters/Andrew Boyers
NFL Football - Jacksonville Jaguars vs Baltimore Ravens - NFL International Series - Wembley Stadium, London, Britain - September 24, 2017 Jacksonville Jaguars players kneel during the U.S. national anthem before the match Action Images via Reuters/Paul Childs
NFL Football - Jacksonville Jaguars vs Baltimore Ravens - NFL International Series - Wembley Stadium, London, Britain - September 24, 2017 Jacksonville Jaguars players kneel during the U.S. national anthem before the match Action Images via Reuters/Andrew Boyers
LONDON, ENGLAND - SEPTEMBER 24: Jacksonville Jaguar players show their protest during the National Anthem during the NFL International Series match between Baltimore Ravens and Jacksonville Jaguars at Wembley Stadium on September 24, 2017 in London, England. (Photo by Matthew Lewis/Getty Images)
LONDON, ENGLAND - SEPTEMBER 24: (Editors Note: This image has been turned black and white) Jacksonville Jaguars enter te stadium during the NFL International Series match between Baltimore Ravens and Jacksonville Jaguars at Wembley Stadium on September 24, 2017 in London, England. (Photo by Matthew Lewis/Getty Images)
Sep 24, 2017; Orchard Park, NY, USA; Buffalo Bills players kneel in protest during the National Anthem before a game against the Denver Broncos at New Era Field. Mandatory Credit: Timothy T. Ludwig-USA TODAY Sports
Sep 24, 2017; Orchard Park, NY, USA; Denver Bronco players kneel in protest during the National Anthem before a game against the Buffalo Bills at New Era Field. Mandatory Credit: Timothy T. Ludwig-USA TODAY Sports
Sep 25, 2017; Glendale, AZ, USA; Dallas Cowboys running back Ezekiel Elliott (21) and teammates stand next to service members holding a giant US flag during the national anthem prior to the game against the Arizona Cardinals at University of Phoenix Stadium. Mandatory Credit: Matt Kartozian-USA TODAY Sports
Sep 24, 2017; Indianapolis, IN, USA; The Cleveland Browns team stand and kneel during the National Anthem before the start of their game against the Indianapolis Colts at Lucas Oil Stadium. Mandatory Credit: Thomas J. Russo-USA TODAY Sports
Sep 24, 2017; Minneapolis, MN, USA; Members of the Tampa Bay Buccaneers link arms during the national anthem prior to the game against the Minnesota Vikings at U.S. Bank Stadium. Mandatory Credit: Brace Hemmelgarn-USA TODAY Sports
Sep 24, 2017; Detroit, MI, USA; Detroit Lions linebacker Jalen Reeves-Maybin (44) middle linebacker Tahir Whitehead (59) running back Ameer Abdullah (21) outside linebacker Steve Longa (54) defensive end Jeremiah Ledbetter (98) defensive end Armonty Bryant (97) defensive tackle A'Shawn Robinson (91) and defensive end Cornelius Washington (90) kneel during the national anthem before the game against the Atlanta Falcons at Ford Field. Mandatory Credit: Raj Mehta-USA TODAY Sports
September 24, 2017; East Rutherford, NJ, USA; New York Jets players lock arms during the national anthem before the game against the Miami Dolphins at MetLife Stadium. Mandatory Credit: Kyle Terada-USA TODAY Sports
Sep 24, 2017; Orchard Park, NY, USA; Members of the Denver Broncos kneel during the playing of the national anthem prior to a game against the Buffalo Bills at New Era Field. Mandatory Credit: Mark Konezny-USA TODAY Sports
Sep 25, 2017; Glendale, AZ, USA; The Dallas Cowboys players, coaches and staff take a knee prior to the National Anthem before the game against the Arizona Cardinals at University of Phoenix Stadium. Mandatory Credit: Matt Kartozian-USA TODAY Sports
Sep 24, 2017; London, United Kingdom; Jacksonville Jaguars players kneel during the playing of the United Sates national anthem before a NFL International Series game against the Baltimore Ravens at Wembley Stadium. Mandatory Credit: Kirby Lee-USA TODAY Sports
Sep 24, 2017; Foxborough, MA, USA; Members of the New England Patriots take a knee during the national anthem before a game against the Houston Texans at Gillette Stadium. Mandatory Credit: Greg M. Cooper-USA TODAY Sports
Sep 24, 2017; East Rutherford, NJ, USA; Some of the Miami Dolphins take a knee during the anthem prior to the game against the New York Jets at MetLife Stadium. Mandatory Credit: Robert Deutsch-USA TODAY Sports
Sep 24, 2017; Foxborough, MA, USA; Members of the New England Patriots kneel for the national anthem before the start of the game against the Houston Texans at Gillette Stadium. Mandatory Credit: David Butler II-USA TODAY Sports
NFL Football - Jacksonville Jaguars vs Baltimore Ravens - NFL International Series - Wembley Stadium, London, Britain - September 24, 2017 Jacksonville Jaguars players kneel during the U.S. national anthem before the match Action Images via Reuters/Paul Childs
NFL Football - Jacksonville Jaguars vs Baltimore Ravens - NFL International Series - Wembley Stadium, London, Britain - September 24, 2017 Patrick Omameh of the Jacksonville Jaguars kneels during the U.S. national anthem before the match Action Images via Reuters/Andrew Boyers TPX IMAGES OF THE DAY
Sep 24, 2017; Landover, MD, USA; Oakland Raiders players sit on the bench during the national anthem prior to their game against the Washington Redskins at FedEx Field. Mandatory Credit: Geoff Burke-USA TODAY Sports
Sep 24, 2017; Landover, MD, USA; Washington Redskins owner Daniel Snyder stands with cornerback Josh Norman (24) and cornerback Bashaud Breeland (26) and safety D.J. Swearinger (36) during the playing of the national anthem before the game between the Washington Redskins and the Oakland Raiders at FedEx Field. Mandatory Credit: Brad Mills-USA TODAY Sports
Sep 24, 2017; Landover, MD, USA; Oakland Raiders players sit on the bench during the national anthem prior to their game against the Washington Redskins at FedEx Field. Mandatory Credit: Geoff Burke-USA TODAY Sports
Sep 24, 2017; Carson, CA, USA; Kansas City Chiefs defensive back Marcus Peters (22) protests next to running back Charcandrick West (35) and defensive tackle Roy Miller (98) during the National Anthem prior to the game against the Los Angeles Chargers at StubHub Center. Mandatory Credit: Kelvin Kuo-USA TODAY Sports
Sep 24, 2017; Green Bay, WI, USA; Green Bay Packers tight end Lance Kendricks (84) and tight end Martellus Bennett (80) sit on the bench during the national anthem prior to the game against the Cincinnati Bengals at Lambeau Field. Mandatory Credit: Jeff Hanisch-USA TODAY Sports
Sep 24, 2017; Nashville, TN, USA; Recording artist Meghan Linsey kneels after singing the national anthem before the game between the Tennessee Titans and the Seattle Seahawks at Nissan Stadium. Mandatory Credit: Jim Brown-USA TODAY Sports
September 24, 2017; East Rutherford, NJ, USA; New York Jets players lock arms during the national anthem before the game against the Miami Dolphins at MetLife Stadium. Mandatory Credit: Kyle Terada-USA TODAY Sports
NFL Football - Jacksonville Jaguars vs Baltimore Ravens - NFL International Series - Wembley Stadium, London, Britain - September 24, 2017 Jacksonville Jaguars owner Shahid Khan links arms with players during the national anthems before the match Action Images via Reuters/Andrew Boyers
CHICAGO, IL - SEPTEMBER 24: Members of the Chicago Bears stand arm-in-arm during the National Anthem before a game against the Pittsburgh Steelers at Soldier Field on September 24, 2017 in Chicago, Illinois. (Photo by Jonathan Daniel/Getty Images)
CARSON, CA - SEPTEMBER 24: Justin Houston #50 of the Kansas City Chiefs is seen taking a knee during the National Anthem before the game against the Los Angeles Chargers at the StubHub Center on September 24, 2017 in Carson, California. (Photo by Sean M. Haffey/Getty Images)
NFL Football - Jacksonville Jaguars vs Baltimore Ravens - NFL International Series - Wembley Stadium, London, Britain - September 24, 2017 General view during the national anthems before the match Action Images via Reuters/Andrew Boyers
At the start of the game protestors take a knee in support of the movement started by NFL player Colin Kaepernick, outside Lincoln Financial Field, in South Philadelphia, PA, on September 24, 2017. Similar protest are staged around the nation after US President Donald Trump named Kaepernick a Son of A Bitch at a recent rally. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images)
GLENDALE, AZ - SEPTEMBER 25: Strong safety Tyvon Branch #27 of the Arizona Cardinals links arms with staff and players during the National Anthem before the start of the NFL game against the Dallas Cowboys at the University of Phoenix Stadium on September 25, 2017 in Glendale, Arizona. (Photo by Christian Petersen/Getty Images)
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During the recent interview, Dershowitz largely seemed to side with President Trump on the controversy, saying, “If you want to protest racism, then protest racism. But don’t protest the American flag, the national anthem, and the United States of America.” 

He also argued, “The players are entitled to kneel if the owners allow them to. But the owners could say no.”

The law expert explained that while free speech under the First Amendment was a right provided by the federal government, the same protection did not necessarily apply to a private group like a professional football franchise. 

President Trump has continued to pressure the NFL to force players to stand during the national anthem—including launching a petition against the protest—but league commissioner Roger Goodell has thus far resisted imposing any punishment on those who still want to protest social injustices. 

Not surprisingly, Trump has frequently turned to Twitter over the past several weeks to express his position on the issue. 

“Two dozen NFL players continue to kneel during the National Anthem, showing total disrespect to our Flag & Country,” the president tweeted on Monday. “No leadership in NFL!”

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