Refusing to stand for the National Anthem in protest, as San Francisco 49ers quarterback Colin Kaepernick and now many others have been doing before games, is "dumb and disrespectful" but of course is constitutionally protected free expression, U.S. Supreme Court Justice Ruth Bader Ginsburg says.

"If they want to be stupid, there's no law that should be preventive. If they want to be arrogant, there's no law that prevents them from that," she tells Katie Couric in a Yahoo News interview. "What I would do is strongly take issue with the point of view that they are expressing when they do that."

MORE: Jerry Rice to Colin Kaepernick: "All lives matter"

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Credit: Jennifer Brett

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Credit: Jennifer Brett

As controversy over Kaepernick's decision spread , the NFL said in a statement: "Players are encouraged, but not required, to stand during the playing of the National Anthem."

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Angie McBrayer, ex-wife of James Aaron McBrayer, leans her head on her son Sam McBrayer as she and her three children and two grandchildren (from left) Jackson McBrayer, 3, Piper Jae McBrayer, 7, Katy Isaza, and Jordan McBrayer, visit the grave of James McBrayer, Thursday, November 20, 2025, in Tifton. He died after being restrained by Tift County sheriff's deputies on April 24, 2019. His ex-wife witnessed the arrest and said she thought the deputies were being rough but did not imagine that McBrayer would die. (Hyosub Shin/AJC)

Credit: HYOSUB SHIN / AJC