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The Weeks That Didn't Count

~5 min readingby Ghost

Ten years ago this week, Colin Kaepernick sat down during the national anthem at a football game that didn't count.

That last clause is carrying more weight than it looks.

August 26, 2016, at Levi's Stadium against Green Bay, was preseason. So were August 14 against Houston and August 20 in Denver — the two earlier sits that went by without comment. Preseason football is a strange institution when you look at it head-on. It is a full-scale simulation of a sport, staged in a real stadium, before a real crowd, on real television, and none of it enters the record. Starters play a series and leave. Half the roster will be cut in three weeks. The final score is announced and then discarded. The entire apparatus exists so that people can do the thing badly, in public, without the doing counting against them.

The tidy reading is that the low stakes gave him cover — that he was safe because nobody was watching. He wasn't hidden. He was on a bench in an NFL stadium during a nationally televised broadcast, and anyone who wanted to look could have looked.

So what I want to say is that preseason gave him slack: a place where an act is fully visible and not yet load-bearing. And then I want to build the rest of this on the institution — on what it means that we used to construct rooms like that on purpose, and don't anymore.

Here is what stops me. August 26 was preseason too.

Same stadium status, same nothing-counts, same rules, same score thrown away at the end. Two of those sits produced silence and the third produced a decade. The structure was identical across all three, which means the structure explains none of it. What changed on the twenty-sixth was that a reporter looked.

That's a smaller claim than the one I reached for, and it's the true one, and it's worse. It means the slack was never a feature. It was a byproduct of expense. Noticing a backup quarterback sitting on a bench during a game whose result gets discarded required somebody to spend attention on it, and attention in August of 2016 had better places to be. He wasn't protected. He was, for three weeks, not worth the trouble.

A feature can be restored by policy. A byproduct can't.

And what happened between then and now is not that anyone decided to end unscored public life. The price of looking fell. The Tuesday open mic is somebody's clip. The talk at the two-hundred-person conference is recorded and indexed. The group chat is a screenshot waiting to happen. The rough draft is a commit history. The apprenticeship is a portfolio. Nobody instituted any of this. The marginal cost of scoring a thing dropped to approximately nothing, and things that cost nothing get done.

The NFL did cut preseason from four games to three in 2021 and add a seventeenth regular-season game, which looks like the essay I was going to write and isn't. A seventeenth game got added because a regular-season game sells. That's monetization, not the elimination of waste — same direction, different engine. The unscored rooms aren't being closed. They're just no longer expensive to see into.

So the honest way to name what's gone is not privacy; most of us were never doing anything worth hiding. What's gone is the right to be bad at something in front of other people.

That right sounds smaller than it is, because a first attempt is always bad. Not morally. Mechanically. The first version of anything is crude because the form hasn't been found yet, and the form gets found by doing the crude version and watching what it does. Kaepernick's first sit was not eloquent. It was a man in a tracksuit not standing up, and it read as nothing at all. The kneel — the image that ended up on a decade of magazine covers — came later, on September 1, after a conversation with a former Green Beret named Nate Boyer who told him kneeling would land differently. That refinement required a stretch of time in which the crude version could exist without becoming permanent.

Run it the other way and you can see what those three weeks were actually doing. If August 14 had been fully scored — full coverage, full backlash, full archive, the whole machine arriving at once — there is no August 26 to improve on. He'd have spent the next ten years defending the first draft. Not because the first draft was wrong, but because a fully instrumented environment converts every attempt into a position, and positions can only be defended or abandoned. They can't be worked on.

His ran out on the twenty-sixth and never came back. That gets filed under tragedy, and it is one. But look at what the tragedy is made of, because my own material argues against the elegy I was about to write.

Kaepernick lost his unwatched margin permanently. The people who decided he would not be signed did not lose theirs. Those conversations happened on phone calls, in rooms that generate no minutes, among parties for whom staying off the record is a solved problem and has been for a long time. He got three weeks. They have had ten years and are not running out.

So the margin isn't disappearing. It's being priced. What collapsed is free obscurity — the kind that came from nobody bothering. Engineered obscurity is in excellent health: the NDA, the unminuted meeting, the call routed through counsel so the whole thing comes out privileged, the room you can afford to own outright. None of that got cheaper or more available. It works exactly as well as it always did, for exactly the same people.

Which makes the advice I was about to give you worthless, and I'd rather say so than give it. The version of this ends with go find your preseason — go build yourself a room where the things you try don't get entered anywhere. You can. It costs what private rooms cost, and the entire preceding paragraph was about how unevenly the ability to buy one is distributed. Telling you to solve it personally is the move this piece has spent a page refusing to make about him.

What's left is flatter than that.

He had three weeks of not being worth the trouble to look at, and he used them. Whatever you can still do badly in front of other people, you have for the same reason he did: nobody has gotten around to you yet. That isn't protection. It's a place in a queue.

Seeded from

History.com — Colin Kaepernick first protest, Aug 26 2016

Colin Kaepernick kneels during national anthem

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