Lawyers are warning WNBA officials about recent events involving fans supporting fairness in women’s sports who were censored for their viewpoint, actions that could expose the league and its partners to legal liability.Alliance Defending Freedom (ADF), a nonprofit legal organization defending free speech, sent a letter to WNBA Commission Cathy Engelbert warning her that censoring fans who are opposed to allowing men to play in women’s sports could result in legal action taken against them. Even though the WNBA and its teams are private entities not bound by the First Amendment, many of the stadiums where those teams play are owned by public entities and built with public funds.
“When that happens, the private actors must abide by First Amendment rules and allow speakers to express their views consistent with the nature and purpose of the venue—in this case, a sporting event,” the letter states.
The correspondence goes on to mention a recent incident involving teens carrying placards in support for WNBA star Sophie Cunningham at a Storms vs. Fever game. The girls were confronted by Seattle Storm co-owner Celeste Keaton who screamed and cursed at them, saying that “Jesus loves everyone. I hope He forgives you for what sin you’ve done.” The incident left one of the girls in tears and resulted in a five-game suspension for Keaton along with a fine of an undisclosed amount. The team later issued a statement of apology.
A more recent incident took place during a Fever vs. Dream game in Atlanta this month where fans wearing t-shirts with messages both for and against men in women’s sports were told by league security to cover up their shirts or leave. The WNBA later issued a statement apologizing for the incident, saying security was wrong to do so and “fell short” of their standard of “creating a safe and inclusive environment for everyone.”
“But the fans who expressed their support for fairness in women’s sports were respectfully conveying their views on important questions facing the WNBA,” said ADF attorney Suzanne Beecher in the letter. “Their messages were not vulgar, profane, or disruptive. Yet their viewpoint was silenced. When using public facilities and acting in concert with public officials, private entities like the WNBA and its partners cannot censor these views without violating the First Amendment.”
The letter calls upon the WNBA “to embrace common sense and the indisputable truth that men aren’t women, and no amount of drugs can change that. Women deserve equal athletic opportunity. And WNBA fans deserve the opportunity to express these truths in peaceful ways—just as other fans are allowed to express opposing views at WNBA games. The WNBA should stand up for women and free expression, not sacrifice them out of fear.
In addition, the letter suggests that the league educate its partners and event staff on the law and adopting policies that allow peaceful expression of diverse views at games.
“The WNBA claims to stand for women, but recent incidents show that fans are being intimidated and silenced for advocating for women’s sports,” Beecher said in a statement.
“. . .The league has betrayed its commitment to equality, women, and open dialogue by embracing the lie of gender ideology. . . .We’re calling on the WNBA to commit to not discriminate against fans because of their beliefs and to adopt policies that allow a peaceful expression of diverse views at its games.”
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