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No, there is no loophole that allows a player to wear a hat with a political message
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No, there is no loophole that allows a player to wear a hat with a political message

The NFL deliberately put the brakes on any effort to fine 49ers defensive end Nick Bosa for wearing a “Make America Great Again” hat on the field after Sunday night’s game with the Cowboys. It’s led some to argue that maybe the league is waiting because the violation isn’t clear.

It is.

Here’s the key language in the rule: “Throughout the time on game day that a player is visible to the stadium and television audiences (including during pregame warmups, in the bench area, and during postgame interviews in the locker room or on the field), players are prohibited from wearing, displaying or otherwise transmitting personal messages, whether written or pictorial, unless such message has been approved in advance by the League office.”

Bosa can avoid discipline only if the league office has approved the hat beforehand. This obviously did not happen. If the league office approved the hat in advance, there would be nothing for the league to review currently.

The alleged loophole stems from the portion of the rule that focuses on the league-official approval process: “The league shall not grant permission to any club or player to wear, display or otherwise transmit messages, through helmet decals, armbands, t-shirts. patches, fly pieces or other items affixed to uniforms or playing equipment which relate to political activities or causes, other non-football events, causes or campaigns or charitable causes or campaigns.”

The argument is that since that sentence doesn’t include the word “hat,” messages on hats are OK. This overlooks the fact that there is already a broad ban all messages and that the failure to specifically include “hat” among “helmet decals, armbands, jersey patches, fly pieces or other items applied to uniforms or playing equipment” refers only to the approval process.

One could just as easily argue that omitting the word “hat” means the league will never approve personal messages on hats for whatever reason.

That some are making this argument (and they are) underscores the hot potato nature of Bosa’s fine for the rule violation. Even though the league is trying to kick it until after the election, some have already turned the report that the league is reviewing the situation into a statement that the league has fined Bosa.

Some are demanding to know why the players weren’t fined for kneeling during the national anthem. Well, they weren’t fined because the rules requiring them to be on the sidelines for the anthem didn’t prevent them from kneeling during it. (That being said, the player who initiated the practice ended up getting kicked out of the league, so there was definitely punishment — even if the rules don’t call for it.)

The bottom line? Bosa’s hat broke the rule. If someone wears a Harris Walz (or Kennedy Rodgers or even Mondale Ferraro) hat on the field today, they will be breaking the rule. You may not like the rule, but it is the rule.

And the NFL goes out of its way not to enforce the rule until after a fine can be sought for a last-ditch conjuration of inappropriate outrage.