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Comments
If UGA was in the right for dismissing him from the baseball team, I would imagine they can't be held liable for any resulting damages. You can't sue your former employer for damages after not being able to find a similar job at a different company as long as you were legally fired for cause. I don't see how this scenario should be treated differently.
For the record I don't want you to see this as a personal attack. IANAL just stating how I see things as a layperson
I agree with your thinking. But I've learned not to predict what judges or juries will do, especially when motivated parties and talented lawyers are involved. (FTR, I do not know Dorothy Spinelli, who represents Sasser.)
Yeah, I know you're providing context. And to provide further context, he'll probably win this case fairly easily. What he did is condemned by society, but doesn't violate any constitutional laws. A quick reference to UGA's student handbook claims to support free speech as the constitution does.
UGA Athletics probably had the right to dismiss him, as student-athletes have to play by stricter rules. But the university doesn't have the right to dismiss him. So, he'll probably use that in his case.
PS: please note I'm just covering how I think this legal case is going to play out, not what I think is right.
Anything when desperate...
I dont think the argument will come down to what’s right and wrong from a societal view. I bet he tries to say it wasn’t handled equally by UGA and he was “singled out” due to it being higher profile. Unequal application of the “rules”. I can’t see any other argument.
What does the student handbook say about morality and hate speech? I think that will determine the responsibility part for UGA.
P.S. This is how these conversations should go without ego and insults. Keep it up Dawgs.
I think 2 things are true. He was a public ass, and the University completely threw him under the bus and destroyed his future. Does he have a case? I dunno. Maybe this will bring the double standards to light. I never was on his side, but I also thought he got a really harsh "justice".
Hate speech is generally protected by the first amendment, so UGA can't get rid of a student for hate speech as long as it doesn't drift into incitement/harrasment. The added layer of complexity comes from the fact he wasn't expelled (correct me if I'm mistaken) but was kicked off the baseball team. Do athletic scholarships from public schools have the same level of constitutional protections? No idea, but I think it's irrelevant since reasonable people would assume his speech would provoke an altercation which is not protected by the 1st amendment.
How was he thrown under the bus? Would he still be here if it wasn't for Justin using Sasser's racism to get a waver? Could be. We are learning everyday that there has been a hushed society of systematic racism in colleges, not just UGA. UGA just seems to be trying to change that. I dont see that as throwing someone under the bus, especially if it was that person's actions that got the bus moving in the 1st place. Also, I dont see anything wrong with hateful people excusing themselves from being included in an inclusive environment and being escorted out.
Because of Covid, this years draft was only 5 rounds as opposed to the usual 40. Was he a top 150 player? Maybe, but with limited picks teams were probably not looking for controversy.
I'm surprised he wants this story to hit the news again. Would be better served interviewing with GM's and explaining that he made a mistake instead of blaming others. He obviously has some talent. I would be surprised if he wasn't given a chance if he can truly fall on his sword and ask for forgiveness.
I only did a quick search of "speech" in the student handbook, it just referenced they follow the constitution's right to free speech. Saying a no-no word doesn't constitute hate speech according to our country's laws. You'd have to incite violence or lawlessness to be considered hate speech.
It’s not my area of expertise but it sounds like a lot of his beef with the school has to do with the process they followed. According to the complaint, the school didn’t follow the process correctly. So it could be a situation where the school wasn’t wrong, but went about the process incorrectly. It’s an interesting question.
I had the same thought. Definitely doesn't look contrite now
Hate speech is different from incitement of violence.
Universities can write in their bylaws what is acceptable and what isn't. This can go beyond The Constitution in its 0 tolerance stances. You have freedom of speech, but if you walk into a random class and just start interupting it with your speech, you at the very least will be suspended for a while. You can conceal or open carry a handgun legally at 21 with a license in the state of Georgia, but if you bring it on campus you will go to jail. Not sure if he was suspended or if he had a student tribunal, but The Constitution does not protect all of your rights on campus.
For clarification, he went undrafted in 2019, while 1,217 other players were chosen. He then failed to secure a free agent contract, so he ultimately signed with Sioux City, an independent AA team, in order to keep his prospects alive. Minor leagues were not operational this year, so he's currently out of baseball altogether.
One factor in filing the lawsuit is the statute of limitations is probably two years and this case was filed just under the wire. I'm sure the lawyer explained "it's now or never" and "use it or lose it."