The other day, I went with my dad to a Real Salt Lake soccer game where they played the Chinese national team. It was a fun game. The weather was a little cool but not too bad. We sat in front of a couple of really funny guys, who kept cracking jokes. Real won on a pretty cool goal (assisted by our friend Chris Brown). But what made the game really interesting was that some of the officials from the Chinese national team stopped the game midway through the second half because some hecklers were waving Tibetan and Taiwanese flags. The Chinese officials threatened to stop the game if the hecklers didn't put away their flags. The hecklers also had Chairman Mao masks and signs that read "Defect Here," but what really made the Chinese officials mad was the flags. Eventually, Real's event staff made it over and made the hecklers put away their flags, but the hecklers weren't happy about it.
It got me thinking about the interrelation between free speech, political protest, and hospitality. I think these guys were just hecklers and weren't necessarily serious about making a political statement, but lets pretend that they were protesting in earnest. Do they have a right to be protesting here? I think they might; its a private sporting event, but its on the campus of a state school (which means the First Amendment might have some teeth). But is this the appropriate forum for them to be protesting in? The Chinese national team was here as our guests. Is it part of our duty as hosts to put aside political protest while they are our guests? I get the sense that its probably bad form to invite guests and to then allow them to be berated. I can see the argument that developing strong relationships with China will allow us to gently advocate, as a friend, for causes that we feel are important and that allowing protests might disrupt that agenda. At the same time, I'm sympathetic to the political causes of Tibet and Taiwan, and I think its a legitimate cause to be protesting. If you were the philosopher-king, and someone came to you and said that some people were going to be at the Real vs. China soccer game waving Tibetan and Taiwanese flags in protest, what would you do? I don't know what I would do. I would be interested to hear from any of you that are interested. It may turn on your diplomatic philosophy.
Anyway, sorry for the stream of consciousness post, but I think this is a pretty interesting question.
7 comments:
I'm not sure what I would do. I think I would learn towards being a hospitable host...but I need to think about it more the decide what I would do.
I'm glad you had fun at the game.
I think that we have really interesting question here. I see two in fact. What would I do and what does the Constitution say should happen? The interesting issue that you brought up is that although it was a private event, it was on public property. That puts it in a more fluid first amendment area that a private event on private property or a public event on public property. I really am not sure how I come out on that issue. Personally, I feel like these individuals should be allowed to display the flags... somewhere on the property, but not necessarily in the stadium and during the game. I think that works constitutionally as well. In the unique circumstance that existed in this circumstance... the speech can be regulated, but not completely controlled. All that fun stuff about location and subject matter regulation, that would be interesting to research again if I wasn't starting a new job next week. I still think it is an interesting constitutional question and I enjoyed reading your thoughts as well as talking to you about it on Saturday.
I agree that this is interesting in multiple levels. I think its an interesting constitutional problem (what options are available, constitutionally, to Real? If they want to constitutionally supress the political speech, can they? Or does the First Amendment apply to them because, even though they are a private company operating a private sporting event, they are playing the game on a public university's campus (for those non-lawyers out there, the First Amendment only applies to government actors; with a few exceptions, private landowners can restrict speech all they want)?
The other interesting question is "what should they do?" This question goes more to your international relations philosophy. Should you shield your guests from these protests in hopes of building a strong relationship with them in order to later on lean on them to soften certain political stances that you don't like. Or do you allow the protests under the philosophy that you want your guests and anyone else who is watching to be aware of the protest? Is that an effective way to send the message that you're not happy with a certain political situation and you would like to see progress in that area? You may also want to think about setting a good example of allowing dissenting but peaceful political protest.
Ian:
I won't feign to analyze this legally. My constitutional law professor was too busy hangin w/ the Dali Lama to teach us about the first amendment. Instead, we watched the Cider House Rules.
On a moral level, I think we ought to be respectful, always!! But I think protesting, even flag waving, can be done in a respectful manner. In short, flag waving yes, taunting no.
Legally, I would be interested to read case law on first amendment issues arising at a private event in a public place. This can't be the first instance. Many public places rent space, or make space available for private meetings. Libraries have rooms for book groups and civic events, colleges lease arenas and stadiums for concerts and other events, etc.
Do any of you have access to Westlaw. I do, but it is limited to official business.
On another level, the Chinese soccer team (or referee as the case may be) should grow up.
I'm with the Beastie Boys. Free Tibet!!! I even have the bumper sticker on my Subaru--right in between my Impeach Bush and Save the Forrests stickers.
One of the more clever bumper stickers I have seen says,
Frodo Failed
Bush Has the Ring
That is very funny. That would have made an awesome Shawn Kennedy graphics T'shirt.
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