Screenshot of video showing University of Connecticut soccer player Noriana Radwan giving the middle finger to the camera during a celebration after a win. Video via ACLU The Middle Finger and the Constitution
'Radwan v. Manuel' involves a rich legal playbook—First Amendment, Due Process, qualified immunity and sex discrimination—but leaves us in First Amendment stasis and a familiar qualified immunity quagmire.
December 09, 2022 at 10:30 AM
8 minute read
When a college soccer player flips her middle finger at a television camera during an exuberant post-game celebration, is it protected speech or a constitutional handball? This was one of many questions the Second Circuit answered (or as we will see, failed to answer) in the recent case of Radwan v. Manuel, No. 20-2194, 2022 WL 17332339 (2d Cir. Nov. 30, 2022). The case involves a rich legal playbook: First Amendment, Due Process, qualified immunity and sex discrimination. And the case has not even been tried.
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