A recent law review article examined the policies at most college stadiums, arenas etc. You know those policies that say “we don’t tolerate…..”. Turns out, those policies may violate the 1st Amendment. Per this study 92% of the schools surveyed are in fact violating the 1st Amendment. Interesting reading for those legally inclined!
If you don’t want to read the entire thing, and who would blame you, here is the conclusion:
“We found through this research that the majority of public NCAA Division I FBS institutions have policies restricting fan speech at their athletic events that are likely violating First Amendment principles. Moreover, these policies are, in many cases, overbroad and could invite legal challenges from individuals who are not directly affected by the policies. Finally, we noted that long-extant recommendations from legal scholars on how to craft policies that are more defensible to First Amendment litigation have mostly been ignored. Our findings suggest that athletic department administrators are either ignorant of the issues with their current policies or are content with the tradeoff between the risks they present and whatever benefit they may provide as written. It is also low-hanging fruit, but worth repeating, that, as state actors, these institutions are legally obligated to uphold First Amendment rights, and, therefore, must ensure their policies align with constitutional law.”
So when Bo Boroski had yanks thrown out of a game at Millet, he was having his constitutional rights being oppressed? I knew Bo was a facist!
8 Likes
It’s not limited to the stadiums.
“Oh, I’m so oppressed because I can’t call opposing players the N-word.” And take the political sh!t elsewhere.
2 Likes
2 Likes
Wasn’t aware the First Amendment was still a thing in this country.
1 Like
How does the federal government impact decorum at a sporting event? Is this just people not understanding the first amendment?
I went to a Cincinnati Reds game at Riverfront in 1989, the year umpires were calling a lot of balks. I took a sign that read, “BALK FAN CLUB” on top and at the bottom said “Miami U.” I hung it from the green seats and hoped hilarity would ensue.
After one inning the ushers told me to move the sign because I was “too close to the foul pole,” so I moved over a couple of sections and re-hung it.
Then, they came back just a half inning later and took the sign, saying I was warned and it was unacceptable because “the crew working this game hasn’t called a balk all year.”
I specifically remember another fan yelling at the ushers “This isn’t Russia!” as they took my Miami-issued bedsheet. He was right: My 1A rights were trampled by Mr. Red.
Yes Yanks was constitutionally violated! And by God, he enjoyed it!! 
Just to make it clear, I am not endorsing this article or any opinions expressed within it. I am simply reporting it as a matter for discussion. I take you back to your regularly scheduled programming!
1 Like
I have not yet read the entire 21 pages, but does this mean our band can play what they want? Does this mean I can wear my “Redskin” shirt and yell “let’s go skins” without an usher telling me I am out of order? If you see someone being escorted out of section four row 34 it will probably be me. Our son who is an attorney will be with me so I should get bail.
1 Like
Just call Morgan and Morgan. They are everywhere! (Actually I know Keith Mitnik, and he is a fine attorney!) I am sure your son is as well.
I”m gonna go out on a pretty thick tree limb and guess that this author isn’t champing at the bit to scream the N-word from the stands.
No but according to her article she can if she wants to!
Bring back the scalp song for penalties!
Eddie, how do find this stuff?
“See you in two minutes, asshole” has been a thing for longer than I’ve been attending Miami hockey games, which is a long time.
3 Likes
A lot of archived content from The Student, Recensio, and other digital stuff.