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Topics: Super Bowl, NFL, Donald Trump, Spotlight
Luke Davies
A lawyer has explained the potential punishment Bad Bunny could face if he chooses to stage a politically motivated protest during the half-time show of Super Bowl LX, in an exclusive interview with SPORTbible.
The New England Patriots and Seattle Seahawks are vying for glory at the 60th edition of the Super Bowl, which will take place at Levi’s Stadium on Sunday (February 8).
And despite the event being a sporting occasion, the Super Bowl is often seen as a cultural event due to the famous half-time show and presence of celebrities.
In recent years, artists such as Kendrick Lamar, Usher, Rihanna and The Weeknd have all performed at half-time, but this year it’s Bad Bunny’s turn to take centre stage.
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Bad Bunny - formerly Benito Antonio Martínez Ocasio – performs mostly using Spanish and has been a critic of Donald Trump and the US government’s immigration policy, especially ICE (US Immigration and Customs Enforcement).
ICE have been heavily criticised over the past month or so, after agents shot dead two US citizens – Alex Pretti and Renee Nicole Good - in the state of Minnesota in January.
Widespread protests followed the incidents with Trump since promising to cut the number of agents in the area by 700.
The 31-year-old Puerto Rican, who refused to tour the US mainland in 2025, citing potential “issues” for his supporters, won Album of the Year at the 68th Grammy Awards on February 1 and wasted no time using his acceptance speech as a way of doubling down on his stance on ICE.
"Before I say thanks to God, I'm going to say ICE out," Bad Bunny said.
“We're not savages, we're not animals, we're not aliens – we're humans.”
And despite the Commissioner of the NFL, Roger Goodell, already explaining that he does not expect a similar occurrence during the half-time show, another political protest should not be ruled out.
Ahead of the Super Bowl, SPORTbible spoke exclusively to Fraser MacKinven, who is a partner at UK law firm Burness Paull, where he heads the sports and entertainment practice.
When asked about the potential legal consequences Bad Bunny or other performers, such as Green Day, could face for staging ICE protests, MacKinven explained how sanctions will likely depend on the nature of the protest.
He said: “If the protest just involves some political messaging, imagery or symbolism, then it is unlikely to break any laws - particularly in the US, where freedom of speech and peaceful protest is protected by the First Amendment.”
However, MacKinven did say that if a protest was deemed as “defamatory”, then the artist could face “legal action” from the “defamed individual or organisation”. Although he was keen to note that the bar for this is high in the US.
Also, if a protest was “deemed to incite violence”, this may also be grounds for legal action. The same applies if a member of the crowd is injured because of a protest. They could then claim that Bad Bunny contributed towards the injury.
The UK-based lawyer then added that the “most likely” legal issue would be breach of performance contract.
When asked if the event’s organisers – including the NFL – may have specific terms written into Bad Bunny’s contract, he replied: “Almost certainly, yes, although it’s important to note that a contract itself can’t ‘prevent’ a protest… however, it can include provisions that strongly discourage such actions.
“Performance agreements for events like this will usually include detailed provisions about the content of the performance, including general and specific restrictions on political speech and protests.”
MacKinven added: “Although the law protects freedom of expression, if the artist breaches any terms of the contract, they may face a claim for damages - financial compensation - from the organiser.”
The lawyer told SPORTbible that if an individual player holds a protest, they may be open to legal action from the NFL or their own team, although he also stressed that a fine or suspension would be more likely than a civil lawsuit.
Please note that MacKinven’s answers are based on his knowledge of US law but do not constitute legal advice.
SPORTbible has contacted the NFL for comment