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Comments
Ahh, but the code is a NCAA and SEC code adopted by UGA. Either way, they have to prove why dismissing someone for violation of that code was unconstitutional and that the code itself actually was too.
My guess is they're going with "the first and fourteenth amendment supersede any SEC/NCAA code" claim.
But like I said, they're trying to get paid out of court and it'll probably work as UGA just wants this never ending Sasser/Fields thing in the rearview.
I'm no lawyer, but I'm not sure how that makes sense. His speech is protected by the first amendment, meaning he can say whatever he wants. The first amendment however, does not protect you from consequences.
Sasser's attorney will make the case that UGA overreacted to this situation given the current political climate, that their decision was unfair to Sasser, and that it cost him his career. She can probably show that Sasser was on track to be a high draft pick and missed out on the chance to earn millions of dollars. She will stipulate that Sasser made a terrible mistake and has genuine regret, which he has previously expressed. She will argue that this law suit was not his preferred course of action but the last resort.
Many people think UGA did the right thing and Sasser got what he deserved. But many people may feel that he was treated unfairly. Especially if his attorney can persuade Justin Fields to take the stand and say that he has no hard feelings toward Sasser and never asked for or wanted him to be kicked off the baseball team.
Don't think that Fields even matters in this situation and I would say that they could just show the Student code of conduct and that point would be immediately moot. UGA gets to "react" however they want as long as they followed their stated procedures.
I think everything UGA did was above board, but they are bound by the first amendment. They can't regulate protected speech as a government institution
Fields matters if the plaintiff's attorney calls him to the stand and he provides helpful testimony that persuades a jury to find in favor of Sasser.
UGA can still lose the case even if they successfully show they followed their procedures.
How is the code of conduct "moot" ?
again... The first amendment means he can say it, doesn't mean that they cannot punish him, freedom of speech does not prevent punishing conduct that intimidates, harasses, or threatens another person, even if words are used.
Fields saying "i didn't ask for him to be expelled" would be a moot point
Got it...Thanks!
It's not moot if the jury finds it compelling or persuasive.
Fields' personal opinion of the situation has no impact on whether or not UGA has the right to expel Mr. Sasser or whether they did it in the correct manner
I'm not saying it does. I'm just saying it could decide the case. That's how jury trials work.
If it isn't relevant it will not be admitted into court. But if for some reason, they see it as relevant, sure.