Hello classmates, Eugene here.

The First Amendment to the United States Constitution prohibits government infringements on an individual or group of individuals' right to freedom of speech. Whether or not a person's speech is popular is irrelevant regarding the protection thereof. The case of university athlete wearing a torn American Flag and kneeling parallel to the Texas v. Johnson (1989) in the sense that there was what was considered offensive to many including the university as per the school policy (which was unconstitutional due to it being a government funded institution), it did not justify the censorship of the student due to his expression as he was free to do. Being a government funded institution made the institution an extension of the government therefore, stare decisis would apply in this case because the government has set a precedent of not infringing on a person's right to free speech as Johnson was able to freely express himself and there should have no law to prohibit hi freedom. Bearing in mind the incident regarding NFL San Fransico 49ers' quarterback Colin Kaepernick as he took a knee during the United States national anthem in protest to police brutality; this action was not protected by the Constitution because the NFL was not a government entity but a private one therefore the action brought against him was not a violation of his constitutional right. In the case of the university athlete's actions during the national anthem, I would argue to the court that by the university being funded by the government, the university is now an extension of the government therefore the rules of the university must fall under the Constitution and that all rights under the Constitution must be protected even if the university does not agree. Disagreement does not mean that any government or extension of the government has the authority to infringe or abridge the rights of another person.

https://freespeechproject.georgetown.edu/colin-kaepernicks-america/

https://www.uscourts.gov/about-federal-courts/educational-resources/educational-activities/first-amendment-activities/texas-v-johnson/facts-and-case-summary-texas-v-johnson

thank your classmate for his insightful post and reply in one paragraph with an additional inputs using APA in-text citation from a scholarly source