NFL Protests and Boycotts

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Note the language Congress shall make no law… abridging the freedom of speech… or the right of the people to peaceably assemble. The First Amendment draws a distinction between freedoms and rights.  So what is a right and what is a freedom? A right is an inalienable privilege that rests with the person. For example, a person cannot be compelled to undergo a beating. Neither a governmental nor civil actor can compel a beating without being subject to legal consequences. Even actors with limited authority to use force (parents administering corporal punishment or law enforcement effecting an arrest) must limit the use of force to no more than necessary.

A right can also be an affirmative action, such as the right to remain silent or the right to vote.  If an individual exercises their right they are not subjected to consequences for doing so, and cannot be compelled to forsake the right. If an actor is subject to consequences for an action it is not a right.