Are ‘College GameDay’ Signs Protected by the First Amendment?

It’s college football season, and you want to express yourself at — or near — your home team’s game. Does the First Amendment protect your rights?

From getting your sign OK’d for the ESPN “College GameDay” pit, to expressing yourself in the stadium, on the sidewalk, near the sideline and more, we’ve got some answers to your First Amendment-related game-day questions.

‘College GameDay’ signs

Want maximum reach for your speech? If it’s a crisp, fall Saturday morning and you’re a football fan on the lucky American campus where ESPN is broadcasting that week’s “College GameDay” pregame show, the network makes a not-so-subtle pronouncement:

“BRING YOUR SIGNS TO COLLEGE GAMEDAY!”

The show’s website goes on to describe sign-making as “[o]ne of the most beloved traditions associated with College GameDay.”

“Beloved” is a good word to describe the fan-favorite show itself, which has been broadcasting from college campuses across the country for more than 30 years while continuing to draw record viewership. This means fans might be seen by some 4 million viewers if they are chosen for a coveted standing-room-only spot in what’s known as the “pit,” the backdrop of students (and signs) behind the iconic “College GameDay” anchor desk.

But check the fine print of ESPN’s FAQs, and student sign-makers will discover that not just any sign will make it on air. Both ESPN and even the First Amendment are clear: If your sign is controversial, it’s not likely to be a pit admit.

First Amendment forum analysis: ESPN edition

The First Amendment applies only to government entities, which includes public colleges and universities. It doesn’t apply to private college campuses.

However, participating in a “College GameDay” event means playing by ESPN’s rules. This is true whether the show is broadcasting from a public or private college campus. For this forum analysis, the First Amendment is getting momentarily benched.

This is because “College Gameday” is a TV show production, not a public forum (even on an otherwise public campus) where First Amendment protections apply to protect all viewpoints.

The First Amendment generally protects speech and expression from government censorship in places like public sidewalks, public campus quads and even public university classrooms. In First Amendment jargon, these kinds of spaces are known as public forums. During a “College GameDay” event, however, ESPN reserves a small portion of campus for its broadcast, and it has total editorial control over that space.

Public campuses don’t typically run afoul of the First Amendment by cordoning off some areas for private events, as long as the school leaves ample alternative space elsewhere on campus for speech activity. In other words, at public universities, you have a First Amendment right to speak out on campus; you don’t necessarily have a right to be cast in ESPN’s campus television show, which is what's happening when students are selected to appear in the pit.

According to ESPN, students are selected on a “first-come, first-serve basis,” “are encouraged to wear school colors,” and “are subject to ESPN security procedures and policies.” ESPN also makes its signage rules clear:

“One of the most beloved traditions associated with College GameDay is the making of signs. No vulgar signs, .com, .net, .org, political or religious signs are allowed. For fans entering the pit, signs cannot be on poles or oversized. All signs brought to Saturday’s taping will be inspected before entry and must abide by College GameDay’s sign policies or will be removed.”

So when it comes to a “College GameDay” broadcast, ESPN has editorial control. On public campuses specifically, the broadcast location — a section of the quad, for example — becomes a nonpublic forum, or a relatively limited space reserved for certain speech or views, similar to when a group reserves an auditorium to host a speaker or a band rents the stadium to play a concert. Provided the university maintains ample space for free expression elsewhere on campus, schools can reserve the “College GameDay” location for ESPN and allow the network near-full editorial control for the day. That’s because restrictions on speech in a nonpublic forum do not violate the First Amendment if they are (1) reasonable and (2) viewpoint-neutral, meaning they treat all messages equally. ESPN’s restrictions meet both of these requirements, as they are designed to maintain a safe environment and keep the focus on football.

Bottom line: ESPN has sole discretion to select fans and signs for the pit.

‘College GameDay’ sign controversies

ESPN “College GameDay” signs have indeed sparked controversy over the years, some of which prompted policy changes and subsequent content crackdowns by the network.

2011: ESPN apologized for a sign that spelled the word “PENIS.”

2014: A student sign referencing the Trail of Tears, the forced relocation of Native Americans in the late 1800s, was criticized by Oklahoma State University as insensitive.

The sign read “Send ’em home #Trail-of-Tears #GoPokes.”

2015: Coach Urban Meyer’s family complained when ESPN broadcast and later promoted on Twitter a sign mocking the coach’s 2009 health scare. Several of Meyer’s family members criticized ESPN’s apparent endorsement of the messaging, writing on social media: “not funny AT ALL. VERY classless”; “Makes me sick”; and “shame on (ESPN) for promoting such trash.”

That same weekend, the network shared a photo of a fan sign in Alabama reading “Ole Miss Girls Are Easier Than Their Out-Of-Conference Schedule.”

“While signs are part of the fabric of the show,” ESPN said in a subsequent statement, “we will be more diligent in determining what signs we showcase and how we showcase them.”

Beyond ‘the pit’

Thanks to the First Amendment, there are plenty of other places to speak out on or near campus, even during the big game — although speech protections vary, depending on the campus.