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Wednesday, June 10, 2020

Testing fan speech

NASCAR has barred Confederate flags from races, events, or properties, including those displayed or waved by fans. But who owns and controls the various tracks? And if the government, what is the connection between the government and NASCAR and is there enough of a connection to make NASCAR a state actor and to trigger the First Amendment? This is the first instance in which a private professional league issued a blanket ban on fan expression.

Posted by Howard Wasserman on June 10, 2020 at 07:30 PM in First Amendment, Howard Wasserman | Permalink

Comments

It actually looks like one is municipally owned:

https://en.wikipedia.org/wiki/Homestead–Miami_Speedway

Posted by: Enrique Armijo | Jun 10, 2020 10:27:44 PM

All of the tracks that NASCAR runs on are privately owned, so unless one of its minor leagues runs on a government track it doesn't seem like there will be any state action problems.

Posted by: jph12 | Jun 10, 2020 9:00:30 PM

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