{"id":309671,"date":"2026-06-16T20:54:08","date_gmt":"2026-06-16T20:54:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/309671\/"},"modified":"2026-06-16T20:54:08","modified_gmt":"2026-06-16T20:54:08","slug":"first-amendment-expert-tsa-has-stronger-argument-in-ye-dispute","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/309671\/","title":{"rendered":"First Amendment expert: TSA has stronger argument in Ye dispute"},"content":{"rendered":"<p class=\"isSelectedEnd\">Calls from Sen. Rick Scott, Sen. Ashley Moody and former governor Charlie Crist, among other leaders, to cancel rapper Ye\u2019s upcoming concerts at Raymond James Stadium may carry moral weight, but, legally, a First Amendment scholar says the Tampa Sports Authority (TSA) has stronger grounds.<\/p>\n<p class=\"isSelectedEnd\">On Monday, Scott, Moody and a coalition of political and community leaders gathered at the <a target=\"_blank\" href=\"https:\/\/stpetecatalyst.com\/ye-or-nay-scott-moody-call-for-cancellation-of-kanye-west-concerts\/\" rel=\"nofollow noopener\">Florida Holocaust Museum and urged the Tampa Sports Authority<\/a> to cancel two scheduled performances by Ye, formerly known as Kanye West. The officials argued that a publicly owned venue should not host an artist who has repeatedly made antisemitic remarks and released a song titled \u201cHeil Hitler.\u201d<\/p>\n<p class=\"isSelectedEnd\">The Tampa Sports Authority responded that while it condemns antisemitism, it also respects free speech protections guaranteed under the U.S. Constitution.<\/p>\n<p class=\"isSelectedEnd\">According to Clay Calvert, a non-resident senior fellow at the American Enterprise Institute and former Professor Emeritus at the University of Florida Levin College of Law, the law largely favors the Sports Authority\u2019s position.<\/p>\n<p class=\"isSelectedEnd\">\u201cThe stronger argument is with the Tampa Sports Authority,\u201d said Calvert. \u201cOnce a government creates a forum for expressive events, then a fundamental principle under the First Amendment is the government cannot intervene.\u201d<\/p>\n<p class=\"isSelectedEnd\">At the center of the dispute is a legal concept known as viewpoint discrimination, a doctrine that generally prevents government entities from allowing some viewpoints while excluding others.<\/p>\n<p class=\"isSelectedEnd\">Calvert compared the principle to allowing pro-life speakers access to a public forum while denying access to pro-choice speakers.<\/p>\n<p class=\"isSelectedEnd\">He also referenced the white nationalist Richard Spencer\u2019s controversial appearance at the University of Florida in 2017 as an example. \u201cThe University had to host Richard Spencer, even if they didn\u2019t like the viewpoint,\u201d Calvert said.<\/p>\n<p class=\"isSelectedEnd\">That same principle, he argues, applies to Ye performing at Raymond James Stadium.<\/p>\n<p class=\"isSelectedEnd\">Scott and Moody have repeatedly emphasized that the stadium was built with taxpayer dollars and therefore taxpayers should have a say in who performs there. Calvert said the opposite is true from a constitutional standpoint.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-117440\" class=\"wp-image-117440\" src=\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/06\/Senator_scott_holocaust-300x179.png\" alt=\"\" width=\"500\" height=\"298\"  \/><\/p>\n<p id=\"caption-attachment-117440\" class=\"wp-caption-text\">Senator Rick Scott speaking against Kanye West\u2019s antisemitism at the Florida Holocaust Museum. Photo by Aaron Styza.<\/p>\n<p class=\"isSelectedEnd\">\u201cIt makes it much harder to exclude them,\u201d he said. \u201cThe fact that the stadium was built by taxpayer dollars actually triggers the First Amendment right for Raymond James.\u201d<\/p>\n<p class=\"isSelectedEnd\">Had Ye booked a privately owned venue instead, the legal analysis would be different. If it were at a private venue, like Jannus Live, they could cancel the show at their discretion because the First Amendment right would not be triggered.<\/p>\n<p class=\"isSelectedEnd\">\u201cWere the TSA to cancel Ye \u2013 and the pressure being applied is by two senators and Charlie Crist, who don\u2019t want him to perform because of his antisemitism \u2013 that is considered viewpoint-based discrimination,\u201d he said.<\/p>\n<p class=\"isSelectedEnd\">The distinction is important because the First Amendment generally protects even deeply offensive speech. Though there are exceptions. A category of hate speech called \u201cfighting words,\u201d direct, face-to-face verbal attacks intended to provoke an immediate confrontation, is not generally protected.<\/p>\n<p class=\"isSelectedEnd\">\u201cIt\u2019s about context,\u201d Calvert added, and in Ye\u2019s case, he argues, the controversy stems from musical expression rather than direct confrontation.<\/p>\n<p class=\"isSelectedEnd\">The TSA can condemn Ye\u2019s remarks, Calvert said, while still being legally obligated to allow the concerts to proceed.<\/p>\n<p>For now, Ye remains scheduled to perform at Raymond James Stadium June 26 and 28.<\/p>\n<p>The TSA declined to comment further on the controversy.<\/p>\n<p>Let\u2019s stay in touch \u2013 send story ideas, tips and leads to aaron@cityverse.life<\/p>\n","protected":false},"excerpt":{"rendered":"Calls from Sen. Rick Scott, Sen. Ashley Moody and former governor Charlie Crist, among other leaders, to cancel&hellip;\n","protected":false},"author":2,"featured_media":304791,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[202,204,203,199,201,200],"class_list":["post-309671","post","type-post","status-publish","format-standard","has-post-thumbnail","category-st-petersburg","tag-st-pete","tag-st-pete-headlines","tag-st-pete-news","tag-st-petersburg","tag-st-petersburg-headlines","tag-st-petersburg-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/309671","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/comments?post=309671"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/309671\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media\/304791"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media?parent=309671"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/categories?post=309671"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/tags?post=309671"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}