A lawyer has explained the potential punishment players could face if they choose to stage anti-ICE protests at Super Bowl LX, in an exclusive interview with SPORTbible.
The eyes of America will be on Levi’s Stadium in Santa Clara for more reasons than just the sporting action on Sunday (February 8).
The Seattle Seahawks and New England Patriots are vying to become the Super Bowl champions, but for some, the half-time show may be more of a reason to tune in than the football.
The traditional half-time show dates back to 1967, with Kendrick Lamar, Usher and Rihanna headlining over the past three years.
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On Sunday, it’s Puerto Rican artist Bad Bunny’s turn, while Green Day will play at the opening ceremony for the event.
Bad Bunny - formerly Benito Antonio Martínez Ocasio – performs mostly using Spanish and has been a vocal critic of Donald Trump and the US government’s immigration policy, especially ICE (US Immigration and Customs Enforcement). He will become the first Latin American male to headline the half-time show.
Last week, at the Grammys, he used his Album of the Year acceptance speech as an opportunity to say, “ICE out”, which increased concerns that he may lead a similar protest at the NFL showpiece event.
The Department of Homeland Security has already announced that agents will be present at the Super Bowl despite protestations from many Santa Clara residents and public officials.
Around half of the city’s population was born outside of the US.
The use of ICE agents has been widely discussed in recent months, after agents shot dead two US citizens – Alex Pretti and Renee Nicole Good - in the state of Minnesota in January.
Whether Bad Bunny protests against ICE will become clear during half-time of the game, but he will likely not be the only opponent of ICE inside the stadium.
Players of both teams will, no doubt, have their own views on the political climate in the US, and it is also possible that one of the NFL’s stars will use the opportunity to voice their views.
What punishments may NFL stars face for Super Bowl ICE protests?
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 sanctions protesting players may face, the UK-based lawyer explained how it is “possible” that the NFL could take legal action against players before adding that “disciplinary action such as fines and/or suspensions, rather than a civil lawsuit” was more likely.
MacKinven explained: “NFL players are subject to a ‘Personal Conduct Policy’ which sets out the NFL’s expectations for player behaviour.
“The policy includes a list of specifically prohibited behaviours and actions.
“Although 'protesting' isn’t expressly mentioned in the list, the list prohibits any conduct that undermines or puts at risk the integrity of the NFL, NFL clubs or NFL personnel. This prohibition is so wide that it could catch a wide variety of behaviours, including certain protest actions.
“If a potential violation is identified, the NFL will conduct its own investigation, and the punishment (if any) will be determined by a disciplinary officer jointly appointed by the NFL and the NFL Players Association, based on the guidelines of the policy.
“This would be in addition to any other legal proceedings. The policy states that the NFL can rely on information provided by law enforcement.”
Please note that MacKinven’s answers are based on his knowledge of US law but do not constitute legal advice.
Topics: NFL, Donald Trump, Super Bowl
Luke Davies