The Clash of Sports Officials and Fans: When Free Speech Borders Harassment

Authors

  • Alina Cioletti The Ohio State University
  • Leeann M. Lower-Hoppe The Ohio State University

DOI:

https://doi.org/10.18666/TPE-2024-V81-I3-11722

Abstract

In the case of Higgins v. Kentucky Sports Radio LLC (2020), John Higgins was officiating an Elite Eight March Madness game in 2017 where the University of Kentucky (UK) was facing the University of North Carolina at Chapel Hill (UNC). After UK lost the game, Kentucky fans were upset and blamed Higgins for the loss. Two of these fans included Matthew Jones and Drew Franklin, a host and writer for Kentucky Sports Radio. Following the loss, Jones and Franklin criticized Higgins and his personal roofing business through their radio station. His business was bombarded with calls, death threats, and negative reviews. Higgins sought damages in excess of $75,000 from Kentucky Sports Radio for inflicting harm through their commentary. The purpose of this law review is to examine the rights of sports officials and fans, summarize the case facts and court decision, and determine how the ruling impacts sports officials broadly.

 

Keywords: Sports Officials, Fans, Basketball, First Amendment, Tort

References

Aspen Institute. (2021). State of Play 2021 [Infographic]. Aspen Project Play. https://www.aspenprojectplay.org/state-of-play-2021/ages-6-12

Bible Believers v. Wayne County, 805 F.3d 228, 246 (2015).

Brintley v. Aeroquip Credit Union, 936 F.3d 489, 494 (2019).

Branch, J. (2019, March 20). The N.C.A.A. team that just can’t win. The New York Times. https://www.nytimes.com/2019/03/20/sports/ncaa-tournament-referees.html

Duvinage, C. (2012). Referees in sports contests: The economic role and the problem of corruption in professional german sports leagues. Gabler Verlag.

Facebook (2022, January 4). Terms of service. Retrieved April 24, 2022. https://www.facebook.com/terms.php

Forde, P. (2022, March 23). NCAA tournament showcasing lack of consistency and accountability in officiating. Sports Illustrated. https://www.si.com/college/2022/03/24/ncaa-tournament-referees-lacking-consistency-accountability

Hite, G. (2021, February 17). Film doesn’t lie: How to watch game film and get better as a referee. Georgia Lacrosse Officials Association. https://galaxref.com/film-doesnt-lie-you-do-how-to-watch-game-film-and-get-better-as-a-referee/

Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 50 (1988).

Jamieson, L. M. (2021, July 30). Abuse of officials: A sign of poor sports management? Center on Sport Policy and Conduct. https://www.sportpolicycenter.com/news/2021/7/30/abuse-of-officials-a-sign-of-poor-sports-management

Karp, A. (2022, January 1). Sports’ TV dominance at new heights in 2021. Sports Business Journal. https://www.sportsbusinessjournal.com/Journal/Issues/2022/01/10/Upfront/Ratings.aspx

Mayer v. Belichick, 605 F.3d 223, 237 (2010).

National Collegiate Athletic Association (NCAA). (2020). NCAA recruiting facts. https://ncaaorg.s3.amazonaws.com/compliance/recruiting/NCAA_RecruitingFactSheet.pdf

Niehoff, K. (2021, April 28). More officials, better fan behavior needed in high school sports. National Federation of State High School Associations. https://nfhs.org/articles/more-officials-better-fan-behavior-needed-in-high-school-sports/

Parrot, T.V. (2021, April 5). Profit motives make fixing college sports nearly impossible. Washington Post. https://www.washingtonpost.com/outlook/2021/04/05/profit-motives-make-fixing-college-sports-nearly-impossible/

San Diego v. Roe, 543 U.S. 77, 83-84 (2004).

Time, Inc. v. Johnston, 448 F.2d 378, 383 (1971).

U.S. Bureau of Labor Statistics. (2022, April 21). Umpires, referees, and other sports officials. https://www.bls.gov/ooh/entertainment-and-sports/umpires-referees-and-other-sports-officials.htm

Published

2024-05-02

Issue

Section

Articles