Distasteful yet protected? ‘Russia!’ & fan code of conduct policies in US College Athletics

Abstract

ABSTRACT Cheers and chants are common at sporting events as spectators express their excitement, disappointment, or simply attempt to rattle opposing players. The familiar cry of ‘Miss it!’ accompanied by high-pitched yelling is practically a basketball tradition – just watch any youth, professional, or collegiate outing. However, an unconventional chant emerged during a Mountain West Conference (MWC) game between the Utah State University and Colorado State University men’s basketball teams on 4 February 2023. ‘Russia! Russia! Russia!’ The taunt, directed at Max Shulga, a Ukrainian player, prompted the following exploration into First Amendment rights vis-a-vis fan codes of conduct. Using the Shulga incident as a case study, this paper explores the issues in attempting to limit fan speech to identify avenues for sport managers to minimise harmful or hateful expressions during athletic events. Our analysis focuses on the legal implications of restricting speech in context to the Shulga case, where we identify the legal protections afforded to fan speech even when it is clearly derogatory. We argue that fan speech, including the ‘Russia’ chant, would be considered a form of protected expression in the United States, making enforceable speech codes that restrict fan behaviour difficult or even unenforceable. With these restrictions laid out, we propose a series of alternative options for sport managers to promote more positive fan expressions and, in turn, foster a more inclusive sporting setting for participants and spectators alike.