CNN legal analyst Joey Jackson on Tuesday lamented that the First Amendment does not protect NFL players from getting benched or fined.

Jackson reacted to a threat by Dallas Cowboys owner Jerry Jones to bench players who disrespect the flag. Jackson reluctantly agreed with CNN anchor Poppy Harlow that private corporations have the right to restrict the free expression of their employees. But he was not happy about it.

“The fact is the Constitution, while it may not protect the players in as much as it’s a private entity, it doesn’t make what the NFL is doing — or Jerry Jones, more specifically — proper or right,” he said.

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Jackson, himself a former NFL player, said free speech does not mean much if it does not apply to companies.

“Let’s talk about that great thing that we call the Constitution, and that greater thing within it that we call the First Amendment,” he said. “So what you do now is, what good is it to have a First Amendment, what good is it to have a Constitution, if you’re punishing people for practicing the very values that the Constitution stands for? I just don’t get it.”

Of course, the framers intended the Constitution to limit the power of the federal government, not private companies. One wonders what Jackson would think if the NFL punished players for chanting, “Jews will not replace us” while marching alongside white supremacists.

Jackson said Americans have fought and died for the right of free speech.

“But if you want to practice a liberty, we’re going to bench you? We’re going to suspend you? You should fire those SOBs?” he said. “I just don’t understand it.”

Jackson also sounded off on ESPN’s decision to suspend “Sports Center” host Jemele Hill for a tweet that appeared to encourage people to boycott Cowboys advertisers.

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“You’re going to fire her for exercising a right to free speech?” he asked. “So if you say something that your employer appreciates and your employer supports, then, hey, it’s all good. Have your show. But if you say something that runs afoul of your employer, then, ‘Oh, we can’t have that. You’re suspended.’ I just think it’s an outrageous thing that we’re experiencing right now.”

Jackson continued.

“I just think that there needs to be a little more tolerance. And if we’re going to have a discussion about the Constitution, I mean why are we punishing people who practice what we value, what we hold in such high regard?” he said. “You can burn the flag, the Supreme Court says, but goodness forbid you say something that your employer may not like. Then you know what, you’re suspended and worse, you’re fired.”