Article by Thomas A. Baker III, Marc Edelman, and John T. Holden
The globalization of U.S. commercial sports leagues has produced a unique opportunity for sports business owners to expand into new markets, seek additional revenue streams, and contribute to the general practice of “sports diplomacy.” Nevertheless, the expansion of U.S. sports leagues into China has created a unique challenge for sports leagues because of China’s fundamentally different views of free speech and attempts by Chinese business interests to quell speech criticizing the Chinese government. This Article looks at the legal and ethical challenges posed for U.S. professional sports leagues that seek to do business with China based on fundamental differences in free speech norms between the United States and China. In particular, this Article explores the pressure both the Chinese government and its business leaders have placed on U.S. sports leagues to censure employees and fans who speak publicly on issues that are critical of the Chinese government, as well as the potential ramifications on U.S. sports leagues that adhere to Chinese pressure.
About the Authors
Thomas A. Baker III. Thomas A. Baker III is a tenured Professor of Sports Law in the Sport Management Program at the University of Georgia.
Marc Edelman. Marc Edelman is a tenured Professor of Law at the Zicklin School of Business, Baruch College, City University of New York and an adjunct faculty member at Fordham Law School. Professor Edelman may be reached at Marc@MarcEdelman.com.
John T. Holden. John T. Holden is an Assistant Professor in the Department of Management at the Spears School of Business at Oklahoma State University.
Citation
95 Tul. L. Rev. 821 (2021)