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Old 02-20-2008, 01:24 AM   #1 (permalink)
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Ban of "Puck Furdue" and "Bring Back Bobby" shirts at IU violate First Amendment

The IU Athletic Department has officially gone too far. More than halfway through the investigation into the NCAA allegations that Kelvin Sampson knowingly violating recruiting policies, Rick Greenspan and crew have certainly had their hands full this year. Before that, complaints about fans chanting “F*ck you, refs” sent the department into a media relations frenzy. But in an attempt to right these wrongs, the Athletics Department has overcompensated and in turn violated the First Amendment rights of fans.


Tucker was told to remove his "Bring Back Bobby" shirt, which I believe violated his First Amendment rights.

This has happened twice in the past week at Assembly Hall, but for some reason, some just don’t see it as an issue. I do.

The first occurrence took place at the Wisconsin game Feb. 13, the day the Kelvin Sampson story was unfolding. Josh Tucker, a fan from Louisville, wore a shirt to the game that said “Bring back Bobby,” referring to the fact that he wanted Bob Knight to return as coach of the Indiana Hoosiers. Security guards made him remove the shirt twice, but both times he put it right back on.

On Saturday, when ESPN GameDay visited Bloomington, Tucker set up outside Assembly Hall with the intent to give away 40 free t-shirts. But after giving away just 10, a few fans returned them and told him that Assembly Hall workers had prohibited them from bringing the shirts inside the building. A few had also been confiscated.

“I don’t understand it,” Tucker told the Herald-Times. “Something needs to be done. I don’t see how they keep getting away with taking away someone’s First Amendment rights.”

I agree completely.

The second occurrence took place Tuesday night, right before IU’s game against in-state rival Purdue. It is customary for IU fans to wear shirts that read “Puck Furdue” to games against the Boilermakers, and I’ve worn mine to three separate events in my time here at IU. But before Tuesday’s game, I was stopped in the ticket gate and told that I would not be allowed in until I turned my shirt inside out. When I protested, the gate attendee could provide no reason and no higher-up to talk to—it was simply “take off the shirt or don’t come in.”

In a way, I understand where the Athletic Department is coming from. They are trying to save face and keep up their reputation. But when did violating the inalienable rights become an acceptable way to do this?

A friend of mine told me that the shirts were banned because they were deemed “fighting words.” If this is the case, then the shirt could be seen as a means of inciting a riot, an illegal action. But why did this shirt suddenly become powerful enough to incite a riot with the 30 Purdue fans that were present, far away from my seats in the last row of the balcony?

It didn’t. And while I certainly wouldn’t consider my right to wear my “Puck Furdue” shirt something that coincides with my political voice, I certainly don’t think this instance was substantial enough to take away my right to expression.

For more about Tucker incident, check out these sites:
Integrity
IU security: No “bring back Bobby” t-shirt for you | Inside the Hall | An Indiana basketball blog
Indiana Fan Forced to Remove 'Bring Back Bobby' T-Shirt - FanHouse - AOL Sports Blog
Bring Back Bobby
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Old 02-20-2008, 01:47 AM   #2 (permalink)
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I saw security people go up to a couple of fans tonight... what's up with these impromptu rules? "Puck Furdue" shirts have never been a problem before...
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Old 02-20-2008, 02:14 AM   #3 (permalink)
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We talked about this in my Business Law class. Turns out it's a textbook example of a violation of the "Fighting Words Doctrine." Basically if your written or spoken words could bring harm upon other people by inciting dangerous situations, they are illegal. This isn't a violation of First Amendment rights, it is a legal limitation to them.

Also, if you check out the back of your ticket, you agree to some rather surprising things by buying the ticket/attending the game, including a "reasonable search of all items being carried."

Here's some more background on fighting words, it's wikipedia but it's better than nothing.

Fighting words - Wikipedia, the free encyclopedia
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Old 02-20-2008, 02:22 AM   #4 (permalink)
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It's obvious that "Puck Furdue" could be categorized under that, but what could "Bring Back Bobby" possibly incite.
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Old 02-20-2008, 11:04 AM   #5 (permalink)
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Originally Posted by c0up de grac3 View Post
It's obvious that "Puck Furdue" could be categorized under that, but what could "Bring Back Bobby" possibly incite.
I agree that "Bring Back Bobby" is definitely borderline if worthy of the application at all, but the point is that it's basically all at the discretion of the school. If they decide that a certain message is inappropriate for the situation, they have the power to suppress it.
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Old 02-20-2008, 11:22 AM   #6 (permalink)
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Originally Posted by HoosierFan27 View Post
If they decide that a certain message is inappropriate for the situation, they have the power to suppress it.
See, that's the whole part that violates the First Amendment... this is a public institution and Assembly Hall is part of this public institution. The school can't up and decide that the can enforce uniforms or suppress what people are allowed to wear. If it's obscene, that's one thing. But "Bring back Bobby" shirts aren't obscene. They're expressive.

When you start rolling over and letting the school control little parts of you like this, you're losing to the system. Know your rights, and don't give them up.
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Old 02-20-2008, 11:36 AM   #7 (permalink)
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Originally Posted by HoosierFan27 View Post
We talked about this in my Business Law class. Turns out it's a textbook example of a violation of the "Fighting Words Doctrine." Basically if your written or spoken words could bring harm upon other people by inciting dangerous situations, they are illegal. This isn't a violation of First Amendment rights, it is a legal limitation to them.

Also, if you check out the back of your ticket, you agree to some rather surprising things by buying the ticket/attending the game, including a "reasonable search of all items being carried."
I don't know about this being a "textbook example" of the fighting words doctrine. The original case, Chaplinsky v, New Hampshire, had to do with a gentleman handing out pamphlets that essentially said organized religion is a crock. Personally, I find the idea of a good-humored shirt that's far from obscene and says "Bring Back Bobby" being in the same realm as a person calling other people's religions a "racket" ridiculous.

These two things are not remotely related and I doubt thing both can be taken with the same amount of weight, so to speak.

Where the Supreme Court found in Cohen v. California that a shirt saying "F*ck the draft" couldn't be limited because it had no "personally abusive epithets," I'd say this applies to the same set of standards.
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Old 02-20-2008, 12:43 PM   #8 (permalink)
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Your whole struggle against the system mindset is nice, but...

"Puck Furdue" is unquestionably abusive language, even though it's intent is to be humorous. Ticketholders are prohibited from using abusive language in any capacity when they enter Assembly Hall, so you really have absolutely no argument on that basis.

Once again, the Bobby Knight issue is very questionable, but the fan definitely didn't help his cause by handing out free t-shirts to other fans (which did in fact bear some resemblance to the Chaplinsky case). Bobby Knight was and still is a very controversial person, and it was a very polarizing move when he was forced out of Indiana. Obviously Indiana doesn't want any more negative publicity in this whole debacle, and even moreso it doesn't want its own fanbase split by a very vocal fan.

Also you have to look at the fact that they aren't filing criminal charges against these people, they are simply denying them entry/attendance at the game, which is perfectly legal. They can kick people out for having cameras/video at the game (which is also normally perfectly legal) so it should come as no surprise that they can boot people for controversial t-shirts as well.

Last edited by HoosierFan27; 02-20-2008 at 12:52 PM.
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Old 02-20-2008, 01:02 PM   #9 (permalink)
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PS: Besides, anyone who thinks that "Bringing back Bobby" Knight is a realistic idea that would do anything to help our program out of this mess needs to get in touch with reality. It's pathetic how many Hoosiers fans actually thing it's an idea worthy of putting on a shirt.
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Old 02-20-2008, 01:35 PM   #10 (permalink)
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Originally Posted by HoosierFan27 View Post
They can kick people out for having cameras/video at the game (which is also normally perfectly legal) so it should come as no surprise that they can boot people for controversial t-shirts as well.
Recording video or taking pictures of games isn't even close to the same thing. How can you suggest that these things even compare? One is a right to expression, while the other is making recordings of a game... completely different.

I believe I made no reference to the "Puck Furdue" shirt earlier... obviously that could be interpreted as offensive. But "Bring Back Bobby" is not offensive in the least. If IU wanted to avoid negative press, they shouldn't violate First Amendment rights.

Also, I don't quite understand how this is anything like the Chaplinsky case. A man handing out pamphlets saying that organized religion is a "racqueteering" business and a man handing out t-shirts that say "Bring Back Bobby" are nothing alike.
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