Legal Beagles

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Faking It Can Be Fun, Too

Debunked: U.S. Supreme Court ruled that "professional wrestling" was entertainment, not sport.

A full-text search on United States Supreme Court decisions fails to reveal any commentary regarding "professional wrestling." However, a number of other courts have made pronouncements about professional wrestling as "entertainment." The "entertainment" nature of professional wrestling has been relevant to claims brought under the federal antitrust laws, as well as claims regarding First Amendment rights. In short, professional wrestling, like the NFL, does not benefit from the hallowed baseball exemption from the antitrust statutes. However, it does constitute a form of protected Free Speech. _See,_ _e.g.,_ _Murdock v. City of Jacksonville, Florida,_ 361 F. Supp. 1083 (M.D. Fla. 1973) (finding that independent wrestling promotor had failed to survive summary judgment motion on claim that federation "blackballing" recalcitrant wrestlers violated Sherman Act); _Titan Sports, Inc. v. State Athletic Control Board,_ 11 N.J. Tax. 259 (1990) (finding professional wrestling productions to be a form of First Amendment-protected speech); _SEG Sports Corp. v. Patterson,_ Civ. Act. No. 97-712, 1998 WL 230993 (S.D.N.Y. May 5, 1998).

Therefore, although the Supreme Court has repeatedly held that major league baseball is, for some inexplicable reason, sacrosanct against the Sherman Act, _Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, 259 U.S. 200, 42 S. Ct. 465 (1922); _Toolson v. New York Yankees,_ 346 U.S. 356, 74 S.Ct. 78 (1953); _Flood v. Kuhn,_ 407 U.S. 258, 92 S.Ct. 2099 (1972), it doesn't seem to have expressed any opinion about professional wrestling. (And professional football found itself completely unappreciated. _Radovich v. National Football League,_ 352 U.S. 445, 77 S.Ct. 390 (1957)).

True: A few other courts have stated that professional wrestling is "entertainment."

Documented: Justice Blackmum waxed rhapsodic about the joys of baseball, and was almost as annoying as George Will can be on the topic.

References:

• _Federal Baseball Club v. National League_ (the first mistake)
• _Toolson v. New York Yankees_ (the error uncorrected)
• _Flood v. Kuhn_ (Justice Blackmum goes over the edge)
• _Radovich v. National Football League_ (who cares about football)