Examining Fans’ Rights to Jeer at Games
By BILL PENNINGTON - New York Times - Published: March 28, 2012 At a North Carolina State men’s basketball game last month, the former Wolfpack stars Tom Gugliotta and Chris Corchiani were ejected from the arena — at the request of a referee — for protesting the officials’ calls. Gugliotta and Corchiani were seated behind the scorer’s table, and officials from both teams and others seated nearby said neither one used vulgarity or threatened the referees.
But in a game hosted by a public university, the episode raised a rarely asked question: Is a fan’s protest — known in some sports law circles as fan speech or cheering speech — a form of expression protected by the First Amendment?
In other words, do fans have the right to bellow at referees all game long, as long as they do not run on the court or menace the officials? Even if the fan is seated in the front row and the referee can hear every word?
The question is apparently still open to debate, despite more than 150 years of American public sporting events. Legal experts say few precedent-setting court rulings deny, interpret or establish a fan’s right to rail at a referee. Hostile or excessively disorderly fan behavior is not tolerated by security officials at games, or for the most part by the court system, because it is deemed dangerous or disruptive to the group. But in the middle of a sporting event as fervent as the N.C.A.A. tournament, with passionate crowds and high stakes, what exactly defines disruptive?
“It isn’t yelling or screaming; that is part of the game,” said Howard Wasserman, a law professor at Florida International University who has been writing about fan behavior and the First Amendment since 2001. “For better or worse, you’re allowed to go to a sporting event and express yourself just as you’re allowed to go to a political rally and say what you want.
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