What a ‘Boo’ Can Do: Adam Goodes, Discrimination, and Norm (R)evolution

Abstract

ABSTRACT In this commentary I evaluate what McGowan’s project would conclude with respect to the treatment of professional Australian Football League player Adam Goodes, who was incessantly ‘booed’ by crowds for the final two years of his career. Analysing Goodes’ case in light of McGowan’s argument leads me to two observations. First, McGowan’s norm-enactment approach is incredibly useful because it explains how words like ‘boo’ (with unstable meaning) can constitute actionable discrimination. Second, however, I wonder if a narrow focus on whether such speech is legally actionable might encourage an overestimation of the power of laws to shepherd new g-norms into social practices.