I am a student taking a sport law class. The topic that we have to fight for is that University of Maryland would be out of bounds to eject students who engage in profane language. The issue is that fans used profanity laced chants against a certain player. This game was televised nationally for not only the fans in attendance to hear, but all the viewers as well. University officials were hesistant to to eject the students due to their first amendment rights.
I feel it would be easier to fight for the ejection of the students, but that is not the case. Does anyone have any pointers about where I can look to get some good information regarding profanity and free speech? We are just really stuck on how we can fight this.
2007-10-30 02:37:30 · 4 answers · asked by kvieb 1 in Politics & Government ➔ Law & Ethics
Speech is protected only if it falsifies an emergency (yelling fire in a crowded theater) or if it is "fighting words". You have to make an agrument that this speech is not fighting words.
This is the definition of "fighting words" I got from Wikipedia:
Fighting words are written or spoken words, generally expressed to incite hatred or violence and to place the targets of the words in danger of harm. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction.
I know you won't be able to list Wikipedia as your source, but it's a good place to start to get ideas of where to start looking.
By the way, racial slurs, etc., are protected under the 1st amendment - people are entitled to their opinions. Dawg Starr is not right about that.
2007-10-30 03:00:18 · answer #1 · answered by mommybaby295 6 · 0⤊ 0⤋
Two issues -- first, whether the University can pick and choose what words (content) to prohibit -- that's a 1st Amendment issue.
Second -- if the game is being televised -- FCC regulations come into effect -- and if the University is simply enforcing FCC regulations regarding profanity for televised games -- that's a very different position than if the University were setting and enforcing its own policy.
2007-10-30 11:21:02 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋
I would go in a different direction. You will struggle to get past the free speech issue, but there are other issues involved. Consider incite to riot laws or maybe disturbing the peace which might trump free speech rights. You have free speech but that doesn't mean you can yell fire in a crowded theater, as an example.
2007-10-30 10:32:47 · answer #3 · answered by The Scorpion 6 · 0⤊ 1⤋
The law is too open to interpretation and attorneys love that.
As long as no one felt violated or threatened by the profanity.
Also it can not be offend someones race, gender, or sexual preference.
2007-10-30 09:46:29 · answer #4 · answered by Dawg Star 2 · 0⤊ 1⤋