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On Fans and the First Amendment

I recall one of the great comebacks in elementary school being "I can do what I want, it's a free country." It was always a solid choice, given the breadth of knowledge of constitutional law possessed by the typical 8 year-old.

I raise this because there was a regrettable incident at the UVA-Miami basketball game Saturday night.

Star-divide

Up in the cheap seats, a Miami fan came to the game looking for trouble, and wound up leaving the arena in handcuffs before halftime. The bulk of his offense was jawing at Virginia fans, and using foul language, although we overheard the arrest was for drunk in public. The Miami fans that accompanied him spent the remainder of the game commenting about how it was hypocritical for UVA not to grant their friend freedom of speech, especially in light of the fact that UVA was founded by Thomas Jefferson. I guess it would not matter if I pointed out that Jefferson was not a signer of the Constitution. That's beside the point.

Like the "it's a free country" retort, invoking the First Amendment at sporting events to defend your imaginary right to act like a jackass is suitable for anyone under the age of 14 -- people who don't know better.

Let's be clear on what protection is NOT in the Constitution. You do have the right to speak your mind. You DO NOT have the right to an audience or venue of your choosing. Remember this, and it will prevent you from improperly invoking the First Amendment when it doesn't actually apply.

Beyond this, the actions of this particular fan begs a discussion on fan etiquette when on another team's turf. When in another team's venue, act like you're a guest in a stranger's house. Cheer on your team, but don't taunt the hosts. Use your sense of humor if you have a good one. Complement a few of the home team's players to any opposing fans nearby. You'll be surprised how much more pleasant the experience can be when you're not getting death stares from everyone around you. Don't get into obscenity laden arguments one section away from the elementary school choir that sang the National Anthem. Stuff like that. It's a game, people, not a war.

Finally, let this serve as a warning for all future visitors to University of Virginia athletic events. The athletic department at Virginia is dedicated to creating a family atmosphere, and the event staff is damn serious about maintaining it. Cheer for your team, be polite, watch your language, and your chances of seeing the entire game will rise dramatically.

P.S. To head off a potential flame war, the fan that got arrested yelled "Let's go Hokies" at one point. I think that says it all.

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Nor is this UVA simply protecting a home court advantage

I used to be a part of the original Hoo Crew — the 12-person group that organized the camp-out periods for basketball games. Hoo Crew was supported by Virginia Athletics — we had reserved floor seats behind one of the baskets and knew the event staff well. In everyone’s eyes, we were a part of “the man.”

At one particularly poorly-officiated game in UHall (a surprise to no one, given the ACC’s officiating crew. Karl Hess was probably involved), the head and founder of Hoo Crew started yelling and cursing at one of the refs for a bad call (or perhaps a no call? The memory is fading) against UVA. With a short fuse, the ref pointed at the guy to get him out of here. UVA crew escorted him to the absolute nosebleed — not just “near the top” of UHall, but very top row, very far corner. The point being that, even when you have a guy who has worked closely with Athletics and knows the entire staff there and by all accounts was in great graces with UVA, no one is safe from repercussions.

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I have not yet begun to fight!
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by Brian J. Leung on Jan 10, 2012 10:49 AM EST reply actions  

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