Final answer:
Colin Kaepernick created symbolic speech by kneeling during the National Anthem, which is a protected form of expression aimed at protesting police brutality and supporting the Black Lives Matter movement.
Step-by-step explanation:
By taking a knee during the National Anthem, Colin Kaepernick created symbolic speech. Symbolic speech is a form of expression that conveys an idea without using writing or spoken words. It is protected under the First Amendment as a way to express political points or dissent. The Supreme Court has a history of upholding symbolic speech, as seen in cases like Brandenburg v. Ohio and Stromberg v. California, where actions such as wearing armbands or flying a red flag were recognized as protected speech.
Kaepernick's act was in support of the Black Lives Matter movement and was intended to protest against police brutality and racially motivated violence in the United States. This gesture was initially met with negativity within the sports world but has since gained broader acceptance and has led to further discussions and initiatives around systemic oppression and inclusion.