By Donald C. Collins
If an association member is blasted in the newspaper by a coach or ripped by name by members of the media on TV or radio, what are some steps an association can take to protect/defend the official? Is a defamation suit appropriate or should the association fight back in the media?
The law is not the right forum to solve verbal attacks on officials. An official may be tempted to sue, but defamation law has an exception for opinions. That legal protection covers the type of comments made about officials even when those statements sound authoritative. For example, a coach who says that an official is the worst official in history sounds authoritative, but he’s stating an opinion.
Protecting opinions from defamation suits is good for society, but it’s not good for officials. People who verbally attack officials don’t operate in a vacuum. The sports culture can often be a non-reasoning, partisan culture. Forceful verbal attacks often lead to intimidation which occasionally leads to physical attacks against officials. We can’t afford to have officials lambasted in the media because it creates the sportsmanship problem of making the partisan environment worse, and it creates the security problem of encouraging some partisans to either intimidate or attack an official. Defamation law is not designed for such an environment.
Media fights aren’t helpful either. Once an official is bashed in the media, the damage is done. An association’s attempt to fight back will often be through a letter to the editor or a call to a local radio show. Letters do not effectively rebut a newspaper column and radio show rebuttals don’t undo the damage already been done. Worse, though, if an association fights back in the media, it runs the risk of prolonging the story, inviting the one-day bashing to become a multiple-day affair.
The problem with associations fighting back is that the association is perceived as an advocate of the officials, not as a neutral entity giving a neutral explanation (which hopefully helps the official). Leagues and governing bodies are more effective in defending an official; first, they’re not perceived as the official’s advocate; and second, they’re often asked to comment in the original article or column, giving them a chance to reduce the harm before it starts.
Officials associations do not have to wait for a verbal attack. They can and should get out in front of the problem. Doing so requires a three-part strategy of: (1) working with governing bodies/leagues; (2) cultivating the media; and (3) developing a government relations plan.
1. Work With Sports Bodies/Leagues
Associations must work with governing bodies and leagues to encourage them to create strong disincentives for coaches and school representatives to verbally attack officials in a public forum. Ideally, leagues would create media policies that penalize coaches and school representatives if they make negative verbal comments about officials in the media. Leagues that don’t have media policies can achieve the same end with well-crafted sportsmanship and conduct codes that bar school representatives from making public comments that cast opposing schools, team members, coaches and officials in a negative light. Associations must be vigilant in asking leagues and governing bodies to enforce the policies.
2. Cultivate the Media
Associations need to humanize their officials. Associations and their officials are part of the community. Member officials hold a wide array of jobs, and do a number of things that benefit the local community.
The association should tell the media what its members do. If a writer gives pause before criticizing an official because he knows the official plays a valuable role in the community, that is good.
Value is a two-way street. Local writers and reporters with a radio or television show also have value in the community. Associations should recognize those reporters by inviting them to clinics, letting them take the rules test and bringing them to the banquet. Obviously, associations will want the local reporters to know about the issues that impact officials, ranging from attacks on officials, to lack of facilities, to hostile crowds, to the recruiting needs.
3. Have a Government Relations Plan
An association must work with member schools to develop good relations with the local police force, and with elected officials. The police and elected officials won’t stop officials from being attacked in the media. But they can help offset the impact.
A supportive police department may assign extra officers to a game, making the environment safer. A supportive elected official may help with legislation criminalizing attacks on officials if verbal attacks result in physical ones. An elected official may also be able to work behind the scenes to help school officials get the support needed to make for a safer site.
Ultimately, the law may not prevent media attacks on officials, but a strong and well organized association can limit the attacks by its outreach efforts.
Donald C. Collins is executive director of the San Francisco section of the California Interscholastic Federation. He is a longtime basketball official and lawyer. This material is for informational purposes only and is not legal advice.
Loading ...
