First Amendment

St. Louis Fan Removal for MAGA Hat Ignites Debate Over Free Speech

Michael Weitzel was ejected for violating the club’s fan code of conduct, which prohibits “threatening, abusive, or discriminatory" symbols and language.

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Donning a Make America Great Again hat is a major fashion faux pas in some circles, leading to public shaming, harassment, and sometimes violent attacks. Add getting kicked out of Major League Soccer (MLS) games to the list, if Michael Weitzel's account of recent events is accurate. 

On July 26, during a match against Minnesota United F.C., Weitzel was ejected from Energizer Park, the home stadium of St. Louis City S.C., for wearing a red "MAGA" hat. A video posted to his Instagram shows Weitzel—a season ticket holder for the past three years—speaking with a stadium security guard who is flanked by two police officers. "I'm Michael Weitzel. I'm being asked to leave by the police because of Donald Trump," Wietzel says while pointing at his hat. 

At this point, a security guard escorting Weitzel out of the stadium, who describes himself as a "Trumper," disputes Weitzel's characterization of events, stating, "They're not political here." He also addresses Weitzel's complaint that he's being singled out by noting that the pride flags and other banners displaying speech Weitzel pointed out were pre-approved and thus not subject to the fan code of conduct, which prohibits "threatening, abusive, or discriminatory" symbols and language. It also encourages fans to report negative impacts from others' behavior.

Weitzel is not accused of breaking any other laws or rules regarding fan conduct, and at one point, attempts to resolve the situation by agreeing to remove his hat. Still, he's rebuffed by an officer who responds, "We're already past that," though he adds the ejection is "just for this game."  

As covered by Reason, recent protests against federal immigration enforcement have also prompted MLS teams to make tough decisions regarding the implementation of the fan code of conduct, which prohibits "displaying signs, symbols or images for commercial purposes or for electioneering, campaigning or advocating for or against any candidate, political party, legislative issue, or government action."

During the incident, Weitzel asks if the rules are "equally enforced on everybody," which prompts two of the officers escorting him to respond quickly, "yes." In the video, an officer can be heard telling Weitzel that the only way to ensure uniform enforcement of the code is "if I enforce it with you." 

The alleged impetus for the ejection was an email complaint about the hat "letting [the team] know how offensive and dangerous my speech was," Weitzel told The Marc Cox Morning Show. He also said that he didn't anticipate any issues with wearing the hat, despite some jeers from other fans. 

While St. Louis City S.C. has not released a public statement on the incident, Marc Abel, the club's vice president of communications, referred Reason to the MLS code of conduct for "additional context" when asked about Weitzel's ejection. The incident is allegedly under review by the Civil Rights Division of the Justice Department, according to Gregg Keller, a St. Louis-based conservative P.R. strategist.

It seems Weitzel understands the basis for his ejection, as he relays the MLS code of conduct to Cox, explaining that his issue is with the arbitrary enforcement of rules relating to prohibitive displays. "I know that there have been 'No Kings' shirts in the stadium before," he says, adding that enforcement seems to rely on fan policing the conduct of other fans, "oddly enough, those complaints seem to come in more heavily in one direction, I would say."

Given that St. Louis City S.C. and Energizer Stadium are both privately owned, the team may have been well within its rights to eject Weitzel. On the other hand, the club and the MLS might be better served staying out of the business of moderating fan speech altogether.