Free Expression in Private Stadia: The Public-Private Nexus and the Reclamation of Free Expression in Sport

Authors

Michael K. Park

Abstract

This Article examines how the degree of government and military entwinement with the private enterprise of sport may provide a sufficient nexus for state action, arming athletes with First Amendment protection they would otherwise not possess against private entities. It reviews sport’s historical and cultural ties to militarism and its venerated symbols before exploring the applicability of the theories of state action within the context of private stadia. Anchored by the symbiotic relationship theory, this Article analyzes how the interdependent relationship between the government/military and private sport enterprise may provide the mutual benefits necessary to establish a sports franchise as a state actor. This Article also examines the nature of the forum where the athlete activism occurs, before concluding that the players’ political speech is likely to be located in a nonpublic forum. In sum, if symbolic acts of protest subject players to fines, suspensions and other adverse consequences by their respective teams, this private-public amalgam raises important constitutional questions regarding their freedom to protest at a time when athletes have become more emboldened to express their political views.

Recommended Citation

Michael K. Park, Free Expression in Private Stadia: The Public-Private Nexus and the Reclamation of Free Expression in Sport, 45 UC Law SF Comm. & Ent. L.J. 111 (2023).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol45/iss2/2