Howard Wasserman (Florida International University (FIU) - College of Law) has posted Sport and Expression, Sport as Expression (14 FIU L. Rev. 733 (2021)) on SSRN. Here is the abstract:
This response essay was prepared for a micro-symposium on Stanley Fish's "The First: How to Think About Hate Speech, Religious Speech, Fake News, Post-Truth, and Donald." This piece considers how Fish's approach to the First Amendment would treat athlete speech and how free-speech principles should treat athlete speech, focusing on the International Olympic Committee's prohibition on athlete demonstrations.