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Constitutional Combat: Is Fighting a Form of Free Speech?
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Villanova University School of Law: Digital Repository Volume 20 Issue 2 Article 4 2013 Constitutional Combat: Is Fighting a Form of Free Speech? The Ultimate Fighting Championship and its Struggle Against the State of New York Over the Message of Mixed Martial Arts Daniel Berger Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Entertainment, Arts, and Sports Law Commons, and the First Amendment Commons Recommended Citation Daniel Berger, Constitutional Combat: Is Fighting a Form of Free Speech? The Ultimate Fighting Championship and its Struggle Against the State of New York Over the Message of Mixed Martial Arts, 20 Jeffrey S. Moorad Sports L.J. 381 (2013). Available at: https://digitalcommons.law.villanova.edu/mslj/vol20/iss2/4 This Comment is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Jeffrey S. Moorad Sports Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. \\jciprod01\productn\V\VLS\20-2\VLS204.txt unknown Seq: 1 14-JUN-13 13:05 Berger: Constitutional Combat: Is Fighting a Form of Free Speech? The Ul Articles CONSTITUTIONAL COMBAT: IS FIGHTING A FORM OF FREE SPEECH? THE ULTIMATE FIGHTING CHAMPIONSHIP AND ITS STRUGGLE AGAINST THE STATE OF NEW YORK OVER THE MESSAGE OF MIXED MARTIAL ARTS DANIEL BERGER* I. INTRODUCTION The promotion-company -
The Effects of Sexualized and Violent Presentations of Women in Combat Sport
Journal of Sport Management, 2017, 31, 533-545 https://doi.org/10.1123/jsm.2016-0333 © 2017 Human Kinetics, Inc. ARTICLE The Effects of Sexualized and Violent Presentations of Women in Combat Sport T. Christopher Greenwell University of Louisville Jason M. Simmons University of Cincinnati Meg Hancock and Megan Shreffler University of Louisville Dustin Thorn Xavier University This study utilizes an experimental design to investigate how different presentations (sexualized, neutral, and combat) of female athletes competing in a combat sport such as mixed martial arts, a sport defying traditional gender norms, affect consumers’ attitudes toward the advertising, event, and athlete brand. When the female athlete in the advertisement was in a sexualized presentation, male subjects reported higher attitudes toward the advertisement and the event than the female subjects. Female respondents preferred neutral presentations significantly more than the male respondents. On the one hand, both male and female respondents felt the fighter in the sexualized ad was more attractive and charming than the fighter in the neutral or combat ads and more personable than the fighter in the combat ads. On the other hand, respondents felt the fighter in the sexualized ad was less talented, less successful, and less tough than the fighter in the neutral or combat ads and less wholesome than the fighter in the neutral ad. Keywords: brand, consumer attitude, sports advertising, women’s sports February 23, 2013, was a historic date for women’s The UFC is not the only MMA organization featur- mixed martial arts (MMA). For the first time in history, ing female fighters. Invicta Fighting Championships (an two female fighters not only competed in an Ultimate all-female MMA organization) and Bellator MMA reg- Fighting Championship (UFC) event, Ronda Rousey and ularly include female bouts on their fight cards. -
Ufc Fight Night Features Exciting Middleweight Bout
® UFC FIGHT NIGHT FEATURES EXCITING MIDDLEWEIGHT BOUT ® AND THE ULTIMATE FIGHTER FINALE ON FOX SPORTS 1 APRIL 16 Two-Hour Premiere of THE ULTIMATE FIGHTER: TEAM EDGAR VS. TEAM PENN Follows Fights on FOX Sports 1 LOS ANGELES, CA – Two seasons of THE ULTIMATE FIGHTER® converge on FOX Sports 1 on Wednesday, April 16, when UFC FIGHT NIGHT®: BISPING VS. KENNEDY features THE ULTIMATE FIGHTER NATIONS welterweight and middleweight finals, the coaches’ fight and an exciting headliner between No. 5-ranked middleweight Michael Bisping (25-5) and No. 8- ranked Tim Kennedy (17-4). FOX Sports 1 carries the preliminary bouts beginning at 5:00 PM ET, followed by the main card at 7:00 PM ET from Quebec City, Quebec, Canada. Immediately following UFC FIGHT NIGHT: BISPING VS. KENNEDY is the two-hour season premiere of THE ULTIMATE FIGHTER®: TEAM EDGAR vs. TEAM PENN (10:00 PM ET), highlighting 16 middleweights and 16 light heavyweights battling for a spot on the team of either former lightweight champion Frankie Edgar or two-division champion BJ Penn. UFC on FOX analyst Brian Stann believes the headliner between Bisping and Kennedy is a toss-up. “Kennedy has one of the best top games in mixed martial arts and he’s showcased his knockout power in his last fight against Rafael Natal. Bisping is one of the best all-around mixed martial artists in the middleweight division. Every time people start to count him out, he comes in and wins fights.” In addition to the main event between Bisping and Kennedy, UFC FIGHT NIGHT consists of 12 more thrilling matchups including THE ULTIMATE FIGHTER NATIONS Team Canada coach Patrick Cote (20-8) and Team Australia coach Kyle Noke (20-6-1) in an exciting welterweight bout. -
The Ultimate Fighter: the Aftermath'
Spike Presents New Original Online Show 'The Ultimate Fighter: The Aftermath' Spike.com Greenlights Digital Series Hosted By Amir Sadollah As Companion To The Most Successful Franchise In Network History NEW YORK, Sept. 22 -- Spike TV's hit series "The Ultimate Fighter" has propelled mixed martial arts into the American mainstream while becoming the most successful franchise in the network's history. With its tenth iteration having premiered to record ratings, Spike.com will launch the original series "The Ultimate Fighter: The Aftermath." Hosted by Amir Sadollah, the new show will be a video roundtable discussion about the on-air episode that precedes it, with the fighters that competed in an elimination bout on hand to talk about what went on, both inside and outside of the Octagon™, during "The Ultimate Fighter: Heavyweights." (Logo: http://www.newscom.com/cgi-bin/prnh/20060322/NYW096LOGO ) "'The Ultimate Fighter: Heavyweights' promises to be the show's biggest season yet, and Spike.com has enjoyed great success with its 'Aftermath' franchise," said Jon Slusser, SVP, Spike digital entertainment. "In combining the two, this new show will deliver exclusive content to our audience, and allow Spike viewers and members of our online community to interact with our signature franchise in new ways." Premiering Tuesday, September 22 on Spike.com, "The Ultimate Fighter: The Aftermath" will allow fans, for the first time in the show's history, to pose their questions about "The Ultimate Fighter: Heavyweights" directly to the fighters involved. UFC® president Dana White will be on hand for the premiere episode, and, over the course of the season, coaches Rashad Evans and Rampage Jackson, as well as the show's entire cast, including Kimbo Slice, Wes Sims, Marcus Jones, and Roy Nelson, will stop by to take part in "The Aftermath." "Ten seasons in, and 'The Ultimate Fighter' still packs as much of a punch as ever," said Brian J. -
Fox Sports Highlights – 3 Things You Need to Know
FOR IMMEDIATE RELEASE Wednesday, Sept. 17, 2014 FOX SPORTS HIGHLIGHTS – 3 THINGS YOU NEED TO KNOW NFL: Philadelphia Hosts Washington and Dallas Meets St. Louis in Regionalized Matchups COLLEGE FOOTBALL: No. 4 Oklahoma Faces West Virginia in Big 12 Showdown on FOX MLB: AL Central Battle Between Tigers and Royals, Plus Dodgers vs. Cubs in FOX Saturday Baseball ******************************************************************************************************* NFL DIVISIONAL MATCHUPS HIGHLIGHT WEEK 3 OF THE NFL ON FOX The NFL on FOX continues this week with five regionalized matchups across the country, highlighted by three divisional matchups, as the Philadelphia Eagles host the Washington Redskins, the Detroit Lions welcome the Green Bay Packers, and the San Francisco 49ers play at the Arizona Cardinals. Other action this week includes the Dallas Cowboys at St. Louis Rams and Minnesota Vikings at New Orleans Saints. FOX Sports’ NFL coverage begins each Sunday on FOX Sports 1 with FOX NFL KICKOFF at 11:00 AM ET with host Joel Klatt and analysts Donovan McNabb and Randy Moss. On the FOX broadcast network, FOX NFL SUNDAY immediately follows FOX NFL KICKOFF at 12:00 PM ET with co-hosts Terry Bradshaw and Curt Menefee alongside analysts Howie Long, Michael Strahan, Jimmy Johnson, insider Jay Glazer and rules analyst Mike Pereira. SUNDAY, SEPTEMBER 21 GAME PLAY-BY-PLAY/ANALYST/SIDELINE COV. TIME (ET) Washington Redskins at Philadelphia Eagles Joe Buck, Troy Aikman 24% 1:00PM & Erin Andrews Lincoln Financial Field – Philadelphia, Pa. MARKETS INCLUDE: Los Angeles, Philadelphia, Washington, Miami, Raleigh, Charlotte, Hartford, Greenville, West Palm Beach, Norfolk, Greensboro, Richmond, Knoxville Green Bay Packers at Detroit Lions Kevin Burkhardt, John Lynch 22% 1:00PM & Pam Oliver Ford Field – Detroit, Mich. -
UFC) Started in 1993 As a Mixed Martial Arts (MMA) Tournament on Pay‐Per‐View to Determine the World’S Greatest Martial Arts Style
Mainstream Expansion and Strategic Analysis Ram Kandasamy Victor Li David Ye Contents 1 Introduction 2 Market Analysis 2.1 Overview 2.2 Buyers 2.3 Fighters 2.4 Substitutes 2.5 Complements 3 Competitive Analysis 3.1 Entry 3.2 Strengths 3.3 Weaknesses 3.4 Competitors 4 Strategy Analysis 4.1 Response to Competitors 4.2 Gymnasiums 4.3 International Expansion 4.4 Star Promotion 4.5 National Television 5 Conclusion 6 References 1 1. Introduction The Ultimate Fighting Championship (UFC) started in 1993 as a mixed martial arts (MMA) tournament on pay‐per‐view to determine the world’s greatest martial arts style. Its main draw was its lack of rules. Weight classes did not exist and rounds continued until one of the competitors got knocked out or submitted to his opponent. Although the UFC initially achieved underground success, it was regarded more as a spectacle than a sport and never attained mainstream popularity. The perceived brutality of the event led to political scrutiny and pressure. Attacks from critics caused the UFC to establish a set of unified rules with greater emphasis placed on the safety. The UFC also successfully petitioned to become sanctioned by the Nevada State Athletic Commission. However, these changes occurred too late to have an impact and by 2001, the parent organization of the UFC was on the verge of bankruptcy. The brand was sold to Zuffa LLC, marking the beginning of the UFC’s dramatic rise in popularity. Over the next eight years, the UFC evolved from its underground roots into the premier organization of a rapidly growing sport. -
Are Ufc Fighters Employees Or Independent Contractors?
Conklin Book Proof (Do Not Delete) 4/27/20 8:42 PM TWO CLASSIFICATIONS ENTER, ONE CLASSIFICATION LEAVES: ARE UFC FIGHTERS EMPLOYEES OR INDEPENDENT CONTRACTORS? MICHAEL CONKLIN* I. INTRODUCTION The fighters who compete in the Ultimate Fighting Championship (“UFC”) are currently classified as independent contractors. However, this classification appears to contradict the level of control that the UFC exerts over its fighters. This independent contractor classification severely limits the fighters’ benefits, workplace protections, and ability to unionize. Furthermore, the friendship between UFC’s brash president Dana White and President Donald Trump—who is responsible for making appointments to the National Labor Relations Board (“NLRB”)—has added a new twist to this issue.1 An attorney representing a former UFC fighter claimed this friendship resulted in a biased NLRB determination in their case.2 This article provides a detailed examination of the relationship between the UFC and its fighters, the relevance of worker classifications, and the case law involving workers in related fields. Finally, it performs an analysis of the proper classification of UFC fighters using the Internal Revenue Service (“IRS”) Twenty-Factor Test. II. UFC BACKGROUND The UFC is the world’s leading mixed martial arts (“MMA”) promotion. MMA is a one-on-one combat sport that combines elements of different martial arts such as boxing, judo, wrestling, jiu-jitsu, and karate. UFC bouts always take place in the trademarked Octagon, which is an eight-sided cage.3 The first UFC event was held in 1993 and had limited rules and limited fighter protections as compared to the modern-day events.4 UFC 15 was promoted as “deadly” and an event “where anything can happen and probably will.”6 The brutality of the early UFC events led to Senator John * Powell Endowed Professor of Business Law, Angelo State University. -
25 Pro Fighters, Managers, and Coaches Reveal Their Best Tips to Land a Sponsorship by Solmadrid Vazquez Follow Me on Twitter Here
25 Pro Fighters, Managers, and Coaches Reveal Their Best Tips to Land a Sponsorship by Solmadrid Vazquez Follow me on Twitter here. Sponsorships can make or break you. The problem is, the process of landing a sponsorship is counter-intuitive. Being a great fighter is NOT enough. I’m sure you’ve seen fighters who land sponsors left and right. What’s their secret? How come they can get 27 sponsors in one day and you can’t even get one freakin’ rep to look at you? What THE hell is going on?! To get to this bottom of this conundrum, I contacted some of the best fighters, managers, and trainers in the game and asked them a simple question: “What is your #1 tip to land a sponsorship?” Each tip has a custom tweet link after it so feel free to share your favorite tips with your followers. Let’s Get Ready To Ruuuummmmbllllllleee!!! Frank Shamrock Frank Shamrock is a retired MMA Fighter. He was the first UFC Middleweight Champion and retired as the four-time defending undefeated champion. He was also the first WEC Light Heavyweight Champion, and the first Strikeforce Middleweight Champion. He was a brand spokesman for Strikeforce and is a Sports Commentator for Showtime. Frank can be found at his site, on Facebook, and on Twitter. My number one tip to landing a sponsorship is presenting yourself properly. Present a long-term consistent growth plan that somebody, or a sponsor, could attach themselves to, so you can show how you will grow together. “Present a long-term consistent growth plan.” Tweet this. -
2013 Ogilvy Awards: Bellator MMA Live Launch
TITLE OF CASE STUDY: Bellator MMA Live Launch BUSINESS SITUATION From 2005 to 2011, Spike TV had enjoyed considerable success broadcasting competitions of the Ultimate Fighting Championship (UFC) mixed martial arts (MMA) league. Prior to – and to a lesser degree, during – the sport’s run on Spike, MMA had developed a reputation as being unforgivably violent and too primitive to be regarded by the masses or advertisers as a true professional sport. In 2011, the right to those UFC broadcasts moved to the Fox TV, FX, and Fuel networks. Not willing to walk away entirely from the sport of MMA, in 2012 Spike entered into an agreement to begin broadcasting competitions from the little-known but up-and-coming Bellator league starting early 2013. The introduction of the league to Spike TV would be in the form of a weekly series of live competitions titled Bellator MMA Live. Bellator’s approach to the sport differs from that of the UFC in that Bellator employs an NCAA basketball- type “bracket”-style structure to arrange the match-ups in its tournaments, while the UFC relies on the short-term desires of the league and its promoters to arrange matches (Bellator’s motto: “where title shots are earned, not given”). The league’s programming had been airing for a year on the MTV2 network, but to very small audiences (the latest season there had averaged just 177,000 viewers per week). For this new agreement to be profitable for Spike TV, ratings would need to increase substantially from where they were with MTV2 right off the bat. -
Boobs, Boxing, and Bombs: Problematizing the Entertainment of Spike TV
Spaces for Difference: An Interdisciplinary Journal Volume 2, Number 1, pp. 3-14 Boobs, boxing, and bombs: Problematizing the entertainment of Spike TV G. WALTON, PH.D. L. POTVIN Lakehead University Lakehead University ABSTRACT Spike is the only television network in North America “for men.” Its motto, “Get more action,” is suggestive of pursuits of various forms of violence. We conceptualize Spike not as trivial entertainment, but rather as a form of pop culture that erodes the gains of feminists who have challenged the prevalence of normalized hegemonic masculinity (HM). Our paper highlights themes of Spike content, and connects those themes to the literature on HM. Moreover, we validate the identities and lives of men who cannot or refuse to subscribe to the pressures of hegemonic masculinity. Spike TV is an entertainment brand dedicated to men. It is a destination that inspires men through bold, action-packed original entertainment. - Cabletelevision Advertising Bureau, 2008 Television is one component of a vast and expanding media complex that masquerades as harmless entertainment. Bourdieu (2006) argued that on television, everything becomes very ordinary and that television, “smoothes things over, brings them into line, and depoliticizes them” (328). Though much of television is often characterized as harmless “junk” or pablum (Postman 1985), we, in line with media critics such as Kellner and Share (2007) and Leistyna and Alper (2007), find that such perspectives are naïve and pave the road for corporate influence on society, with little resistance. Dismissing television, particularly its junk, as mere entertainment obscures its power to influence societal norms of ideology and behavior (Steinberg 2007). -
Utah & the West
FRONT PAGE A1 www.tooeletranscript.com TUESDAY TOOELE RANSCRIPT Grease returns T to THS after a 22-year absence See B1 BULLETIN November 13, 2007 SERVING TOOELE COUNTY SINCE 1894 VOL. 114 NO. 50 50¢ County grapples with high cost of inmate medical care by Suzanne Ashe for the first time, they are often STAFF WRITER prescribed anti-anxiety or anti- depression medication, she said. Each week, nurse Caleen Some of the inmates are on a long Loving treats diabetics, back list of medications that are pack- pains, abdominal pains, pregnant aged in small packets and dis- women, and a variety cuts and pensed daily. Each inmate is given bruises that come from fighting. a day to take their meds. It’s an Loving is not on staff at a hospi- honor system, Loving explained. tal or medical clinic. For the past A doctor comes in twice a week 10 years she has worked as the and a local dentist will close his jail nurse at the Tooele County regular practice several times a Detention Center. year to treat inmates at his office. “The biggest misconception “The most common complaint people have is that if they have a is pain. Insomnia is also a prob- medical condition they don’t have lem,” Loving said. “We have fake to come to jail,” Loving said. outs — fake chest pains, fake sei- Each new inmate is screened by Loving. If someone is incarcerated SEE CARE PAGE A6 ➤ photography / Troy Boman Ted Elliott stands in front of his recently closed business, Alliance Capital Mortgage, in downtown Tooele on Tuesday. -
06 9-9 TV Guide.Indd 1 9/9/08 7:48:19 AM
PAGE 6 THE NORTON TELEGRAM Tuesday, September 9, 2008 Monday Evening September 15, 2008 7:00 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30 KHGI/ABC Batman Begins Local Nightline Jimmy Kimmel Live KBSH/CBS Big Bang How I Met Two Men Christine CSI: Miami Local Late Show-Letterman Late Late WEEK OF FRIDAY , SEPT . 12 THROUGH THUR S DAY , SEPT . 18 KSNK/NBC Deal or No Deal Toughest Jobs Dateline NBC Local Tonight Show Late FOX Sarah Connor Prison Break Local Cable Channels A&E Intervention Intervention Paranorml Paranorml Paranorml Paranorml Intervention AMC Troy The Karate Kid ANIM Animal Cops Houston Animal Cops Houston Animal Precinct Miami Animal Police Animal Cops Houston CNN CNN Election Center Larry King Live Anderson Cooper 360 Larry King Live DISC Dinos-Return Dino Mummy Into the Unknown How-Made How-Made Dinos-Return DISN Gotta Kick It Up Phineas Wizards Life With The Suite Montana So Raven Cory E! Ever After Dr. 90210 E! News Chelsea Chelsea The Soup ESPN Countdown NFL Football SportsCenter ESPN2 Poker Series of Poker Baseball Tonight E:60 NASCAR Now Norton TV FAM Holes Funniest Home Videos The 700 Club Whose? Whose? FX S.W.A.T. Changing Lanes '70s Show HGTV To Sell Curb Potential Potential House House Buy Me Sleep To Sell Curb HIST Modern Marvels Journey to 10,000 BC Mega Disasters Modern Marvels LIFE Coco Chanel Will Will Frasier Frasier MTV Exiled Exiled Exiled The Hills The Hills Exiled The Hills Exiled Busted Busted NICK Familys SpongeBob Home Imp.