UFC lawsuit to answer, Is MMA art?

Underground
1 
                    <div class="Article" style="float: left;">
                        <table>
                        <tr style="vertical-align: bottom;">
                        <td>
                            <h3><a href="/go=news.detail&gid=365045" target="_blank">
                                UFC lawsuit to answer, Is MMA art?

                            </a></h3>
                        </td>
                        </tr>
                        </table>
                        <a href="/go=news.detail&gid=365045" ><img class="photo" src="http://img.mixedmartialarts.com/method=get&rs=100&q=75&x=32&y=20&w=310&h=165&ro=0&s=anderson-silva-11-16-11-17-54-50-413.jpg" /></a>


                            <strong class="ArticleSource">[wsj.com]</strong>


                        <div style="clear: both; line-height: 1px;height: 1px;">&nbsp;</div>
                    </div>

                    <blockquote>

It’s called mixed martial arts for a reason.

The Ultimate Fighting Championship, the sport’s largest promoter, is suing to overturn New York’s ban on live bouts, saying the 1997 law runs roughshod over its freedom of expression, a novel argument that likens MMA to live ballet, music or theater.

“Live professional MMA is clearly intended and understood as public entertainment and, as such, is expressive activity protected by the First Amendment,” the lawsuit said.

While the arts are protected, no court has ever directly confronted the question of whether athletes have a First Amendment right to be seen in action, said Barry Friedman, a professor at New York University School of Law, who is representing the plaintiffs.

“This is the first time to my knowledge that a professional athlete is claiming a First Amendment right to communicate with fans in a live event,” said Friedman.

The courts needn’t declare all sports protected by the First Amendment, because MMA — which, as the name suggests, draws on a mosaic of different fighting styles — is special, Friedman said.

“It’s martial artistry,” he said. “The nature of martial arts is a lot like dancing.”

“As is true of ballet, music, or theater, for an audience, attending a live MMA event is an experience that cannot be replicated on a screen," according the complaint.


Read entire article...

Read entire complaint...




 

2

First, we must ask ourselves "What is art?".

3

As an attorney, I think it's a unique, creative argument. Although my area of practice is business and real estate law, I think UFC's counsel has a good shot at arguing that MMA is a fighter's means of expression under the First Amd.



I'm even more interested to see what defenses NY raises. Either way I think that, from a PR standpoint, NY comes out looking very much like the bad guy here.



I haven't read the complaint yet but when I do I'll give you guys a Spark Notes version.

4

gatorlaw - As an attorney, I think it's a unique, creative argument. Although my area of practice is business and real estate law, I think UFC's counsel has a good shot at arguing that MMA is a fighter's means of expression under the First Amd.

I'm even more interested to see what defenses NY raises. Either way I think that, from a PR standpoint, NY comes out looking very much like the bad guy here.

I haven't read the complaint yet but when I do I'll give you guys a Spark Notes version.

Thank you.

5

Fuck yeah! There are Goldieisms in the formal complain...well at least one.

6

There is not any logical reason why a fight can be held right across the way in New Jersey but not in New York.

7

Brillant move by the UFC. If they are able to win, it will be CHECKMATE to New York's Culinary Union. MMA will be legal in New York!

8

I think this was the endgame of the early Fox production. UFC on FOX 1 wasn't part of the 7 year deal, it was moreso an early treat.

Judging from what the laywer is saying though, it's a key factor in their argument. As of right now, it's fully legal to run an MMA gym, or practice MMA in New York State. I myself, am a New Yorker, and know this for a fact. Serra's gym is a prime example. All that is illegal is for it to be held in front of an audience, such as a UFC event at MSG.

Another part of the argument got me thinking though. The laywer for the UFC said, "There's no reason why the UFC shouldn't be able to hold an event in New York, when it's already airing on New York television."

Checkmate. Anyone in New York State could've turned to Channel 5 on Saturday and seen the HW title fight. Holding an event in New York State is a different argument entirely, but the Fox deal is a serious feather in the cap of the UFC. If it airs on the same broadcast TV network as the Super Bowl, making an argument against them holding an event in the state is hard to do. There's a lot of money and influence over at Fox.

9

Will be interesting to see what kind of defense New York idiots come up with.

10

gatorlaw - As an attorney, I think it's a unique, creative argument. Although my area of practice is business and real estate law, I think UFC's counsel has a good shot at arguing that MMA is a fighter's means of expression under the First Amd.



I'm even more interested to see what defenses NY raises. Either way I think that, from a PR standpoint, NY comes out looking very much like the bad guy here.



I haven't read the complaint yet but when I do I'll give you guys a Spark Notes version.



As a recovering attorney, I agree.  It could be interesting to see how far we can push the "expression" issue as related to MMA and the right to assembly. The UFC played this one brilliantly.



BTW: Go Gators!

11

I think this lawsuit is pretty clever, whoever came up with this should pat themselves on the back

The UFC should win and should finally be in New York

12

TTT.

13

Since when does art need to be sanctioned by athletic commissions?

14

 Interesting tactic. I know Schneiderman and he's a good guy.  The problem with the suit is that they're trying to prove MMA is something else when it's explicitly banned by NYS law.  It's not just unregulated by the SAC.  It's legislatively banned.  It's hard to see how a judicial opinion could declare otherwise.

15

Boston Tar Baby - No its not a fucking art. at least not in the same way as ballet, music or theater.


 Yes, it is!! It's a ballet of violence! Artsy enough for me=)



Seriously, who cares what reason they used to file suit- I'm glad they're trying everything they can to get this thing sanctioned in NY.



Cindy

16

gatorlaw - As an attorney, I think it's a unique, creative argument. Although my area of practice is business and real estate law, I think UFC's counsel has a good shot at arguing that MMA is a fighter's means of expression under the First Amd.



I'm even more interested to see what defenses NY raises. Either way I think that, from a PR standpoint, NY comes out looking very much like the bad guy here.



I haven't read the complaint yet but when I do I'll give you guys a Spark Notes version.



 Thanks man!

17

EnderTL - First, we must ask ourselves "What is art?".


 If it's been romo'd, paint'd or GIF'd then it's art=)



Cindy

18

I think Anderson Silva, among others, have been artful in the octagon throughout their career. I consider the sport an art form.

19

I also consider the lawsuit a badass move.

20

If dancing is an art then so is a martial art. Might have to change the name to The Ultimate Capoeira Championship if this doesn't work Phone Post