Comments on: Fan files suit over ‘God Bless America’ incident

By: Seventh-inning stretch can now be used as intended | River Avenue Blues

Seventh-inning stretch can now be used as intended | River Avenue Blues — Wed, 08 Jul 2009 03:31:58 +0000

[...] entering the concourse during the daily rendition of God Bless America. In April we learned of a fan filing suit against the team. Today we learn the [...]

By: Janna

Janna — Sat, 18 Apr 2009 01:03:35 +0000

Why do you use “Peter LaCock” for your blog name? I doubt if that is your real name.

By: Linda

Linda — Fri, 17 Apr 2009 15:39:36 +0000

A little historical note for Chris, the Star Spangled Banner was written by Francis Scott Key describing a defining moment in our country’s very young history. In the early 1800′s the British made a last ditch effort to try and take our country back…and failed. The word’s of our national anthem beautifully capture the emotion of the event “…gave proof through the light that our flag was still there…”. The national anthem describes the strength of our nation. “God Bless America” is from the heart of the people, asking God to watch over this land that we love so dearly. All the spouting about the lack of ‘freedom of speech’ and ‘heavy handed ways…’, the simple solution, come into the stadium after they yell “play ball”. As for the rest of us who still thank God for all of our blessings (and by the way my husband has been out of work since December and still loves God and his country), a moment of respect at the beginning of a ballgame is pretty wonderful.

By: Dan

Dan — Fri, 17 Apr 2009 14:11:25 +0000

Of course, this analysis is limited to the Yankees.

By: Dan

Dan — Fri, 17 Apr 2009 14:10:11 +0000

No. The Plaintiffs would have to show that the Yankees and the government were so entangled that the Yankees were a state actor. They would have to show the the Yankees history, mandate and leadership are so tied up with the government that it should be deemed an agency or instrumentality of local, and therefore state government. This is not going to happen.

Second, they could try to argue that relationship between the Yankees and the City and the County is so deeply symbiotic as to make the Yankees a state actor. Both of these arguments turn on the amount of control exercised over the Stadium and events by the state. Neither is likely to work.

Finally, they could try the public function test, claiming that the Yankees exercise powers traditionally exclusive to the perogative of the state. However, I don’t think activities within the Stadium are going to fall within this either.

Ultimately, this case likely dies by summary judgment.

By: Mike P

Mike P — Fri, 17 Apr 2009 10:06:39 +0000

If the song is meant to remind us of September 11th, which is the only reasonable argument to keep it in my opinion, why not just replace it with a minute’s silence before the first pitch of the half-inning?

I think if the Yankees want to make a statement, it should be completely unambiguous and proactive. The current song and no movement policy leaves a lot to interpretation. That’s why some folk seem to think it’s like the national anthem. Maybe it does to them, but to me it’s just another song about America.

If they were to do this, I think some of the people who ‘enforce’ the no movement policy might get fed up.

By: Benjamin Kabak

Benjamin Kabak — Thu, 16 Apr 2009 21:41:27 +0000

Sure. Except that the Yankees are playing in a state-owned building, and the NYPD — definitely a state actor — is named as one of the defendants in the case.

I know you’re a lawyer, and I’m still just in law school, but I think this complaint would survive that challenge.

By: Dan

Dan — Thu, 16 Apr 2009 20:48:00 +0000

Here’s a little law. Only state actors can violate the 1st and 14th Amendments. The Yankees are by no means state actors.

I’ve done a good deal of 1st Amendment cases, but this one is an embarassment and demeans the important work on 1st Amendment issues.

By: bebop

bebop — Thu, 16 Apr 2009 20:30:24 +0000

And America is great because people can pick and choose their own patriotic symbols and totems

By: bebop

bebop — Thu, 16 Apr 2009 20:28:48 +0000

I find GBA an upleasant song with its implied and fuck the rest of the world. It should be God Bless Everyone. And of course America the Beautiful is a thousand times more beautiful and inspiring.