Over the weekend, San Francisco 49ers quarterback Colin Kaepernick created a stir when he did not stand for the National Anthem before an exhibition game and later told reporters that his refusal to do so was a protest of institutional racism in America. Given how issues which touch on patriotism and protest play in a sports setting, it’s not at all surprising that this quickly turned into a huge controversy, with many decrying Kaepernick’s act, even as many have rushed to his defense.

Because this is the NFL and because we live in the social media era, the volume of this controversy is understandably cranked to 11. But it’s not the first time an athlete has mounted such a protest. Back in 1995 NBA player Mahmoud Abdul-Rauf similarly refused to stand for the Anthem and the same sorts of pro and con arguments emerged, albeit at the far more measured pace of 1990s discourse.

In 2004 a baseball player made a somewhat similar protest. That player was Carlos Delgado, who made a point to not be on the field during the by then de rigueur playing of “God Bless America” during the seventh inning stretch which most teams adopted in the wake of 9/11. Part of Delgado’s protest stemmed from his opposition to the wars in Iraq and Afghanistan. It likewise reflected his protest of the United States Navy’s use of the Puerto Rican island of Vieques as a weapons testing ground for decades and Puerto Ricans’ call for the government to clean up the island which had become contaminated with ordinance over 60 years of bombing.

Delgado was backed by his team, the Blue Jays, who made no effort to intervene in his protest. He likewise had the support of his teammates. Even profoundly conservative ones like Gregg Zaun, who disagreed with the substance of Delgado’s protest yet respected his right to protest how he chose. At the time Zaun said “He has his opinion and he’s decided to use that as his platform. Whether or not I agree with him, I salute him.”

Which is not to say that Delgado did not take considerable criticism for his protest. Many, including commissioner Bud Selig, said that, while they respected his right to protest how he wished, they hoped he wouldn’t protest in such a fashion. Or, at the very least, they hoped to better understand why he chose to make a political statement at a sporting event, suggesting that they really didn’t think his act to be appropriate. Lost on them all, it seemed, was that the act of playing “God Bless America” during the seventh inning stretch was itself a political statement, but I suppose that’s an argument for another time.

Carlos Delgado weathered the controversy well, playing for five more seasons after 2004 and maintaining the respect he had always had in baseball as a team leader, a respected veteran and a consummate professional. Kaepernick doesn’t have the track record in his sport that Delgado had by 2004 and there are some who have suggested that, this controversy aside, he may not have long in the league due to his skills and health and things. It’ll be interesting to see how those differences, as well as the different media environment in 2016 compared to 2004 affect this whole saga.

What we know for certain, however, is that Kaepernick’s reasons for protest are his own and he is, obviously, free to protest however he’d like. He is, of course, likewise subject to criticism from those who don’t care for his protest. That’s how free speech works. Even in sports, where a great many people choose to believe that protest and political speech, at least of a certain variety and of a certain leaning, does not have a place.

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