Nanny State Nabobs Nix Taunting Sports Cheers

In late December, the Wisconsin Interscholastic Athletic Association urged state high school administrators to enforce "guidelines" pertaining to sports fans. WIAA Communications Director Todd Clark inveighed against unsporting behavior, particularly in student cheering sections.  To wit, the WIAA wanted to ban chants as: "Fundamentals"; "Air ball"; "You can't do that"; "We can't hear you."; "Overrated"; Scoreboard" and "Season's over".  There is some thought that even the patriotic "USA" chant may be verbotten.  Per the WIAA's guidelines, these cheers could lead to a suspension.

Much to the WIAA's chagrin, these guidelines went viral on social media and were subject to considerable derision and some pointed First Amendment protest.

ESPN Sports Analyst Jay Bilas took to Twitter to mock the well-intentioned Nanny State sportsmanship dictat with reductio ad absurdum zeal. Bilas suggested a replacement tersely cogent cheer for "Air Ball" with the thoroughly polite " "We note your attempt did not reach the rim, but only to alert the clock operator that a reset is unnecessary."

High School students in Ashwaubeon, Wisconsin chose to make a symbolic protest against the WIAA's assault on their free speech rights by putting duct tape over their mouths at a basketball game.

 None of these cheers are even vaguely bawdy, such as the cheer of frustration: "Nuts and bolts--we got screwed".  These nanny state rules (disingenuously veiled as "guidelines") seems to demand sucking the spirit from zombie-like seat warming fans as their teams effectively compete for their participation trophies.

Once the story acquired national attention, the WIAA tried to back down. WIAA Executive Director Dave Anderson tired to quell the media maelstrom by issuing a "Sincere Apology" email which insisted that there were no new directives, no new rules, no new mandates, and no new enforcement expectations. Parsing Anderson's email, the key is phrase is new. Reading between the lines, the chants were just examples of unsportsmanlike behavior that WIAA guidelines prohibit.

The WIAA mandate touched upon Bilas bailiwick for "Toughness: Developing True Strength On and Off the Court" (2014). Bilas did recognize that there are ways of unruly fanaticism that crosses the line without over-regulating kids. Bilas recalled while he was playing basketball at Duke in the 1980s, the University President wrote an open letter challenging fans to behave better and be creative without crass cheers. This prompted the Blue Devil student section to react to bad calls with the cheer: "We beg to differ". A more modern approach might be to remind students that they should not do something they would not want put on television lest it go on their permanent records.

This is more than a high school sports story. It  exemplifies the totalitarian instincts political correctness which demands conformity from feckless fans. The WIAA follow-up employs the non-apology apology, denying the directive is anything new. It also shows the micromanaging mien of the Nanny State which nudges people through rules masquerading as "guidelines".  Lastly, it imposes overbearing burdens on people without challenging them to find creative alternatives to encourage more civil cheering.

Reporting Limitations on the Freedom of Speech

Last spring, eporters in Chicagoland have been informed by police that “You (sic) first amendment rights can be terminated if you create a scene…Your first amendment rights have limitations.”

The Media covering the fatal  shooting of a six year old at Mount Sinai Hospital on the west side of Chicago.  WGN-TV reporter Dan Ponce and photographer Donte Williams were taken in handcuffs when they refused to move further away from the hospital for their coverage. 

The reporters were standing on the median sidewalk  halfway across the street from  Mount Sinai Hospital as they were doing their reporting.  The officer yelled at them to move further away and the journalistics refused to comply as they did their jobs.  It should be noted that the area was not a crime scene.  The officer exclaimed:  “F*** news affairs, I don’t care about news affairs. Forget news affairs.”.

According to the police, the reporters tried to enter the hospital and were removed at the request of hospital security, but their guards declined to press charges and the individuals were released.  However, the police maintain that the reporters very presence around grieving family members created a scene.   The official police statement proclaimed: Our members were attempting to protect and respect both the grieving family members of the child, and the memory of the child herself during a very stressful time for all parties involved.

While it might be the case that the aforementioned journalists pressed the edge within the hospital in pursuit of the story (which they deny),  the offending officer's ejaculations paired with the official police statement reveal a rationale that the authorities think it is OK to limit the First Amendment when they want.

Senator Dianne Feinstein (D-CA)

Recently, Senator Dianne Feinstein (D-CA) proposed an amendment to the Reporter Shield bill in the Senate Judiciary committee which limits coverage to journalists whom she describes as:  “real reporters.” Feinstein was worried that protections might apply to: “people who aren’t really reporters at all, who have no professional qualifications.” Feinstein's definition of a real reporter is “a salaried agent” of a media company such as a newspaper, broadcast news station, news website or another type of news service. Of course, powers authorizing "real reporter" licensure can sway coverage.

Curious that Congress thinks that it can regulate Free Speech, especially considering that the First Amendment starts with the phrase: "Congress shall make no law…"  But considering the age when Supreme Court majority opinions on Obamacare contort arguments to make it a tax to be constitutional, maybe a clarifyng amendment could be added to impose a tax for "real reporter" licenses presumably passing SCOTUS muster.

The First Amendment is the fundamental freedom which prohibits the federal governement from encroaching on natural right to the freedom of speech.  The Freedom of Speech clause prohibits thegovernment from  banning speech because it does not agree with its message.  In Federalist Paper no. 10, James Madison pointed to the Freedom of Speech as being a vital element of a healthy Republic. 

Considering the sentiment to censor in Chicagoland and the Feinstein's "real reporter" amendment, one may question if the United States is civically healthy, much less a Republic.