Hans Backe, Freedom of Speech, and the MLS Disciplinary Committee.

Last week the League issued a $2,500 fine to New York coach Hans Backe after his public criticism of Roy Miller’s ejection during the Red Bulls’ loss to New England surfaced in the Boston Globe. This is obviously not the first time the league has handed down punishments, yet many know little about the Law and Order arm of Major League Soccer: the Disciplinary Committee.

The Disciplinary Committee, headed by commissioner Don Garber, has the sole authority for deciding punishments for on-field misconduct, as per granted by the Collective Bargaining Agreement. The committee is composed of the Comissioner, two members who he appoints, and one former professional player agreed upon by the union and the league. They also reserve the right to penalize those who damage the “image and/or reputation of MLS, the Team and/or the game of soccer” off the field, and have done so in multiple instances such as that of Coach Backe.

While organization is clearly necessary for the league, its ability to punish based on off-field actions and remarks raises serious questions about players’ and coaches’ freedom of speech. Should coaches and players be punished for their comments, or is this a violation of their overriding freedoms as Americans? What if these statements really do damage the image of the league? Who is to judge how much damage is enough to warrant repercussions?

As of yet, the Committee has answered that punishment is necessary regarding negative comments and has acted upon this consistently. But the words which brought Coach Backe his punishment raise a good point:

“If this had been in Italy there would be an investigation if the referee was bought.’’

Though here he is talking about officiating and not freedom of speech, I bring this up to consider how a situation like this one would be handled internationally. In Italy coaches may be fined for physical altercations or direct threats, but for the most part they are free to say whatever they like in the press. The same carries over in many other soccer-heavy countries such as England, France, and Brazil, where both coaches and players frequently rant and rave after a tough game.

However, while their motives may be debatable, the League’s consistency is worth noting. Throughout their rulings they have upheld their beliefs regarding power over free speech, never favoring some while crucifying others. If they’re going to limit players speech that is their decision, but they’ve made it clear that they aim to be consistent.

What do you think?

Category: MLS, MLS Business Matters, Players Behaving Badly, Red Bulls New York