Posted on by Californiacontrarian

Novel Circumstances

Recently it seems that there has been a number of First Amendment free-speech cases that have been or are in the process of being decided. This morning I read about another one that I found unusual and interesting, because of its novel circumstances. For sure I will not be reading about this case in my local “newspaper,” as it is not something that will garner any attention from the political left.

From what little I know of the details, it appears that back in 2020, the soccer coach of the women’s team at Virginia Tech, in essence, said to a player, “you acted in a way that I do not agree with, and so consequently, you will be punished.”

From BlazeNews:

Kiersten Hening was a starting defender and midfielder for the Virginia Tech Hokies from 2018 to 2020. As a freshman, Hening appeared in all 22 games and started in 19 of them. As a sophomore, she appeared in all 19 matches, was a starter in the last 18 contests, and had the second-most minutes played among field players, according to the Hokies women’s soccer website.

However, Hening claims that the relationship with her coach changed after she refused to participate in a social justice demonstration. Hening refused to kneel before the team’s season-opening game against the Virginia Cavaliers on Sept. 12, 2020.

The Richmond Times-Dispatch reported, “While her teammates knelt during the pregame reading of the Atlantic Coast Conference’s unity pledge — a show of support for the social justice movement and Black Lives Matter — Hening and one other unidentified player remained standing.”

Hening accused Hokies head coach Charles Adair of launching a “campaign of abuse and retaliation” after she refused to participate in the pregame social justice demonstration.

The lawsuit claims, “He singled her out and verbally attacked her, pointing a finger directly in her face. He denounced Hening for ‘bitching and moaning,’ for being selfish and individualistic, and for ‘doing her own thing.'”

The lawsuit alleges that Adair’s actions violated Hening’s First Amendment rights. The lawsuit stated that Hening “supports social justice and believes that black lives matter,” but she “does not support BLM the organization,” because of its “tactics and core tenets of its mission statement, including defunding the police.”

Federal Judge Thomas Cullen ruled on Dec. 2 that the case can proceed to trial, according to Fox News. Cullen noted that Adair slashed her playing time.

“While the U.S. Supreme Court and the Fourth Circuit may not have addressed the novel factual circumstances presented here—i.e., a college coach allegedly retaliating against a player for refusing to kneel with her coaches and teammates in support of perceived unity and social justice—the core constitutional principle is both clearly established and fundamental to a free society, and especially to an institution of higher education,” Cullen wrote.

I will attempt to follow up on this suit, however, it will not be easy, since my local “newspaper” does not seem to have much interest in free-speech. In addition, the fact that “Chugger” Adair is a local favorite makes it all the more likely that the facts and the outcome of this case will  not be reported locally, especially if Kiersten Hening prevails.

12/16/22

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