A First Amendment expert says the Tampa Sports Authority (TSA) has stronger grounds to allow rapper Ye’s upcoming concerts at Raymond James Stadium, despite calls from politicians to cancel the events due to Ye’s antisemitic remarks.
Viewpoint Discrimination
According to Clay Calvert, a non-resident senior fellow at the American Enterprise Institute, the law largely favors the Sports Authority’s position. The concept of viewpoint discrimination, which prevents government entities from allowing some viewpoints while excluding others, applies in this case.
Calvert compared this principle to allowing pro-life advocates access to a public forum while denying access to those who support abortion rights. He also referenced the white nationalist Richard Spencer’s controversial appearance at the University of Florida in 2017 as an example.
The TSA can condemn Ye’s remarks, Calvert said, while still being legally obligated to allow the concerts to proceed. The fact that the stadium was built with taxpayer dollars actually triggers the First Amendment right for Raymond James, making it harder to exclude Ye from performing.
Private vs. Public Venues
Had Ye booked a privately owned venue instead, the legal analysis would be different. If it were at a private venue, they could cancel the show at their discretion because the First Amendment right would not be triggered.
For now, Ye remains scheduled to perform at Raymond James Stadium on June 26 and 28.
Original reporting: St. Pete Catalyst — read the source article.