Reports of a less than hoped-for settlement for Colin Kaepernick does not mean it is a loss for him. There were plenty of good reasons for him to settle.
that Colin Kaepernick and Eric Reid settled their grievance arbitration claim against the NFL for less than $10 million, an amount that some considered disappointing low. In terms of the damage to Kaepernick and Reid , it is safe to say that potential monetary damages awarded in the arbitration could have been far higher. But, the key word is “if” and there was no guarantee arbitrator Stephen Burbank would have so ruled.
Although more than a few commentators argued that Kaepernick’s First Amendment rights were violated by the President’s exhortations and potential threats, this would be a very difficult legal theory to sustain. The NFL and its teams are private parties and the First Amendment only applies to governmental activity through the federal government, states or local governments or agencies directly connected to them.
Proving collusion may sound easy based on the circumstantial evidence, but the fact that no team signed Kaepernick is not enough to prove collusion. Actual evidence had to be shown. To make matters more difficult, the provision imposes a fairly high burden of proof for the player, known as “clear preponderance of the evidence.
CHARLOTTE, NC - OCTOBER 28: Eric Reid #25 of the Carolina Panthers kneels during the anthem against the Baltimore Ravens at Bank of America Stadium on October 28, 2018 in Charlotte, North Carolina. He Could Lose, So Something Is Better Than Nothing
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