See, goodell makes things up or better yet, ignores or enforces what he wants as it's convenient. If I got up at my company's annual shareholder meeting and did what these clowns are doing and saying, I wouldn't have a job for long. No one is suppresing anyone's rights as prowler is implying. That is my point.
I'm not sure we're arguing different points.
IMO: if the NFL didn't want this specific behavior, then it should have been prohibited in the governing documents (NFLPA docs, league docs, or maybe both). It clearly was not addressed, so when the players started kneeling the league had a choice: find a provision in the various codes of conduct with which to beat them over the head/paycheck or try to win the war of public opinion.
The league/Goodell refused to point to a particular violation of league policy, enforce it and take any perceived "hit" for being a heavy-handed employer that stifles free expression. (they all do)
Instead, they let the issue twist in the wind and it gained traction. Now, they are fucked. If they start enforcing some vague catch-all provision in the governing docs (eg - "Player agrees to refrain from activities that would tend to devalue the League...") they are weasly, lawyered up fucks that are suppressing free speech. If they let it go, they are facing fan backlash and the potential rise of the XFL to take their dollars.
The funny part (to me, at least) is that they (team and league) have left the barn door wide fucking open for a lawsuit. If you're not up on your HOA/COA law, you might not be familiar with the concept of selective enforcement. Basically, if it can be shown that your policies are enforced in a non-uniform manner, then the argument can be made that they are enforced in a discriminatory manner and can be disregarded...for good.
To bring this all the way back, if the NFL has an explicit policy forbidding kneeling during the anthem AND they have been enforcing it, then they are probably on solid ground.
But they don't and they haven't.
The NFL isn't going to make this an issue before the courts.