September 16, 2006

Jeering Russell Branyan's "fat ass" not akin to fighting words, rules court: Cleveland Indians fan Jeffrey Swiecicki was ejected and charged with resisting arrest after jeering at outfielder Russell Branyan's "fat ass" at a game in 2001 from the left field bleachers. Swiecicki had his lawsuit charging an off-duty Cleveland police officer working as stadium security of using excessive force, making the arrest without probable cause, and violating his First Amendment right to free speech restored.

posted by wfrazerjr to baseball at 01:56 PM - 5 comments

For the love of god, that is why we pay ridiculous prices for stadium tickets, but "fat ass" is a bit over the top. No class in a family environment. Legally speaking Brayan may have a case.

posted by srrmaui at 10:37 AM on September 17, 2006

I think this is shocking to me. I was under the impression that fans didn't have first amendment rights in a private stadium. Stadium security can throw out who they want when they want.

posted by bperk at 09:39 AM on September 18, 2006

bperk: Would it make a difference that the county owns the park, and not the ballclub? Honestly, I really don't know how that works. If a private organization is renting public land, can they make up their own rules regarding the operation of that land? Is that something that would be defined within the lease?

posted by BullpenPro at 12:32 PM on September 18, 2006

I believe the lease would generally let the private organization have restrictions on the speech allowed in that space. Normal time, place, and manner restrictions are allowed on free speech anyway. However, I would think that after this decision someone could pass out flyers in the publicly owned stadium that the ownership sucks or something.

posted by bperk at 01:35 PM on September 18, 2006

Here's an article I found about fan profanity in college stadiums.

posted by bperk at 01:36 PM on September 18, 2006

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