Is Nascar above the first Amendment? [Forum Archive]

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Is Nascar above the first Amendment?

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Posted by: dg806

Nascar fined Dale Earnhardt Jr. $10,000 dollars and took 25 points away from his points total for saying "shit" on live tv. Now instead of being ahead by 13, he is 12 back. Nascar has always tried to set a good image (Good ol boys), but have they gone too far? I see both sides. I agree that sports in general need to clean up their act. Most are drug users and dealers and don't deserve to be roll models. I don't think Jr. meant to say what he did. He said it out of excitement after winning the race at Talledega. But do we even have a right to free speech anymore?

Posted by: Du

I completely agree. I think, in this situation, they could have fined him the money but not points. The whole "Cup Chase" is stupid, IMO, and 25 points sets him back more than usual because of it. BS, IMO.

Posted by: dg806

Well they know the $10,000 is nothing to them. In fact I bet Bud pays it for him. That is why I think they took points. That and they had done this twice earlier in the year with other drivers so the precident had already been set. But you are right. With this points system it sucks for jr. It will be hard to make it up, epsecially if he has a bad race in the last 7.

Posted by: I Are Baboon

Well not being allowed to swear on national TV is nothing new. It's a real stretch to say it violates his first amendment right. Besides, it has nothing to do with the law, it has to do with NASCAR rules.

It's still a really shitty deal for Junior. The fine is acceptable, but possibly costing him the championship by docking him points is a load of crap. Don't penalize him like that for something that has absolutely nothing to do with the race. What a crock. NASCAR got this one wrong.

Posted by: dg806

They make it up as they go anyway...........

Posted by: MaxMirkin

Will they ever turn right?

Posted by: Pepper

Quote:

Originally Posted by I Are Baboon

Well not being allowed to swear on national TV is nothing new. It's a real stretch to say it violates his first amendment right. Besides, it has nothing to do with the law, it has to do with NASCAR rules.

It's still a really shitty deal for Junior. The fine is acceptable, but possibly costing him the championship by docking him points is a load of crap. Don't penalize him like that for something that has absolutely nothing to do with the race. What a crock. NASCAR got this one wrong.

Word.

Posted by: Du

Quote:

Originally Posted by MaxMirkin

Will they ever turn right?

They do quite often. Road courses. (Eg: Watkins Glen)

Posted by: Dale Mabry

Personally, I think it should be the networks problem, not Jrs. Detrimental to Nascar my ass, I will guarantee that wasn't the first time that word was uttered at a Nascar event by a participant or even an official. They chose to air it without a delay, that's their problem, not his. The censoring is up to the network, not the star.

Posted by: Minotaur

I don't think swearing on TV stands the First Amendment test. TV is not a free medium and is controlled by a 'private' entity, a corporation that sets its own rules and standards.

You can't say whatever you want on the internet either and claim First Amendment rights. Someone owns the board or chatroom you post on; besides, it may not be domiciled in the US.

Personally, I think that banning and fining words like shit is stupid, especially when words like piss off, sucks etc. are used on network TV all the time.

Posted by: oaktownboy

no doubt jr got screwed here..i was pissed off when i saw this on sportcenter..dude just won and was excited..nascar doesn't like should have delayed it...and nascar ain't god..how much control do they have over their racers?

Posted by: BoneCrusher

He should have ben given qa series of PSA's to do and been left be.

Posted by: nikegurl

what ARE the rules anyway? i remember being suprised when network shoes like Melrose Place starting saying "bitch" on a regular basis back in the early '90s. is "bitch" now off limits?

i thought (but could be wrong) that Nascar and not the network was upset about him uttering "shit"

Posted by: Archangel

I understand the fine, but points, thats like saying to a running back who rushed for 250 yards, they interview him and he refers to his Dad's (as Jr. did) accomplishments and says his doesn't mean shit, compared to his Fathers, then the NFL saying,we are taking away your rushing totals for that game,almost like it never happened!!! C'mon man, when is enough, enough???

Posted by: Weight39

Quote:

Originally Posted by dg806

Nascar fined Dale Earnhardt Jr. $10,000 dollars and took 25 points away from his points total for saying "shit" on live tv. Now instead of being ahead by 13, he is 12 back.

I don't watch nascar and know very little about it. That being said, I've no problem w/ the fine. But, the loss of points seems unfair.

Posted by: DOS Forever

The first amendment doesn't exactly give you the right to say whatever you want. It states that CONGRESS shall enact no law to limit free speech. It has been upheld numerous times that employers can legally limit what an employee can/can't say. It also doesnt give anyone the right to say whatever they want w/out reprisal. Whopee Goldberg made some obscene comments about Bush and Slim Fast dropped her as a spokesperson and she raised a stink about it.

That being said, it still sucks for Earnhardt. A point deduction is a bit excessive.

Posted by: dg806

Nascar upheld Jr's point deduction yesterday in the appeal. Guess how many points he is still be behind Busch? 24! Hmmmmmmm.

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