As reported by TMZ, sources with direct knowledge say the former San Francisco 49ers quarterback never signed a non-disparagement agreement—often referred to as a “gag order”—as part of his confidential settlement with the NFL. The report surfaced after JAŸ-Z referenced Kaepernick during a freestyle performed Friday night at Yankee Stadium. During the set, the rap icon suggested Kaepernick accepted a financial settlement and signed paperwork preventing him from speaking out against the league.
According to TMZ‘s sources, however, that claim is not accurate. The outlet reports Kaepernick never agreed to any provision barring him from publicly criticizing the NFL, despite years of speculation surrounding the confidential 2019 settlement.
Kaepernick became one of the most polarizing figures in sports in 2016 after kneeling during the national anthem to protest police brutality and racial injustice affecting Black Americans and other people of color. While many praised the gesture as a peaceful form of protest, others—including then-presidential candidate Donald Trump and numerous NFL fans—criticized his actions.
Following the 2016 season, Kaepernick opted out of his contract with the San Francisco 49ers and was never signed by another NFL team. He later filed a grievance against the league, alleging team owners colluded to keep him out of the NFL because of his activism. In February 2019, Kaepernick and the NFL reached a confidential settlement, though the terms of the agreement have never been publicly disclosed.
Later that year, the NFL announced a landmark partnership with Roc Nation, naming the company its live music entertainment strategist while also giving it a role in shaping the Super Bowl Halftime Show. The deal sparked criticism from some supporters of Kaepernick, who questioned the league partnering with JAŸ-Z while the quarterback remained unsigned.
During the partnership’s introductory press conference, JAŸ-Z drew headlines after saying, “I think we’ve moved past kneeling,” a remark that generated significant backlash from critics who believed the underlying issues Kaepernick had protested had not been resolved.
Also in 2019, the NFL organized a private workout in Atlanta for Kaepernick in hopes of showcasing him to interested teams. Hours before the event was scheduled to begin, Kaepernick relocated the workout to a different venue after objecting to the league’s liability waiver and media restrictions. Several teams attended the new location, though many others did not because of the last-minute change. Kaepernick ultimately was never signed by an NFL franchise.
TMZ’s latest report revisits one of the biggest lingering questions surrounding Kaepernick’s settlement with the league. While the financial terms of the agreement remain confidential, the outlet’s sources maintain he never signed an agreement preventing him from publicly criticizing the NFL, challenging a belief that has circulated for years and resurfaced following JAŸ-Z’s latest freestyle.
Colin Kaepernick has yet to comment publicly on the matter. His book, The Perilous Fight, is slated for a September release.
