
An enforceable "Code of Conduct" would most likely violate the First Amendment.
Spectators generally have free-speech rights in public forums, such as stadiums, especially at Ford Field, which is owned by a public entity.
Here, there is no allegation that Mr. Kennedy’s words or conduct may have been “fighting words,” which the U.S. Supreme Court has defined as “true threats of violence.” “True threats” are “serious expressions [that the speaker intends to] commit an act of unlawful violence.” “True threats” are not protected by the First Amendment and could be banned at a stadium. [Counterman v. Colorado (2023) 600 U.S. 66, 69 & 74].
The NFL’s decision not to ban Ryan Kennedy may have been made because the Ford Field Guest Code of Conduct includes standards that may, in whole or in part, violate the First Amendment, such as prohibiting:
* Behavior that is unruly, unhealthy, disruptive or illegal in nature.
* Using foul or abusive language or obscene gestures.
Free speech, including at a sporting event, appears to include the right to shout obscenities and be generally unruly or offensive—this is the United States of America.
That being said, if you do and say stupid things, like Ryan Kennedy appears to have done, well, the "find out" stage of life reaches you.
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