FREE SPEECH? THAT’S SO 20TH CENTURY: Congress to allow special restrictions on speech ‘inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic’? Eugene Volokh comments: “That, I think, is a very bad idea, and indeed an unconstitutional idea. Should Congress be free to set up one set of contract law rules for contracts dealing with ‘unpatriotic speech’ and another for contracts dealing with other viewpoints?”

Actually, at least at the NFL, unpatriotic speech seems to be specially privileged.