1. Actually, you can hit a kicker. There are many, many instances where its perfectly legal to make contact with a kicker or a punter. Anytime you make contact with a football in an attempt to block a kick you are legally allowed to make contact with a kicker. You saw a textbook example of this in Sunday's Ravens game. Assuming you've watched games, you've also seen countless examples of players making contact with kickers, having a flag thrown, and then having that flag be picked up because the contact is deemed incidental or a player is blocked into a kicker by his own teammates. All perfectly legal plays.
2. The comparison to hitting a guy out of bounds is vastly different, because there's a boundary for out of bound... there is no imaginary boundary surrounding a kicker.
3. The notion that Sherman shouldn't have hit the guy because he "knew he was offsides" is horrific logic, mostly because that implies that every player should give up on the play everytime they know they are committing a penalty. There's probably an instance in every single game where a player is offsides and the refs don't make the call... so should the player just give up on the play because he thinks he might have been offsides? Obviously not... he plays until somebody tells him to stop playing. That's how football is taught at every possible level.
4. No, actually, its not a penalty. Going back and saying it should have been afterwards doesn't actually make it a penalty. That's prototypical hindsight analysis... the ability to slow things down in replay for hours after hours once the play is over and then determine what the right action should have been with all the information you couldn't possibly have in real time.
Its simply hindsight, irrelevant analysis. It doesn't and won't change anything.
So from now until the end of time, there will NOT be a penalty for unnecessary roughness on that play. That's not a subjective statement... its an objective statement. Its fixed. It doesn't matter what somebody says happened afterwards or what should have happened. What happened is what actually happened.
Man you no nothing about rules it should have been a flag plain and simple! Personal foul! same as a fight after the whistle? How can anybody who has watched football not say that should have been a penalty? How does the opposing team not benefit from this, especially on MNF? Crazy man! Makes me think the integrity of the NFL is beginning to be questioned?