Let's clarify.
Everyone says that Kaepernick is "entitled" to his expression. I agree, but that is a choice, it is not a right. The first amendment does not protect him from disciplinary action by the team or the league, up to and including dismissal.
The first amendment prohibits Congress from making any law abridging freedom of speech. That means it can't be a crime, and he can't be prosecuted or incarcerated for it. That's what he's "entitled" to. That's all. If a private firm thinks he's harming it's public image and determines it's in it's best interest to take action, the first amendment is no defense.
"
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."
Still, I'd cut him on performance.
[ Edited by BOI49er on Aug 28, 2016 at 2:14 PM ]