Ultimate Fighting Championship Finds First Amendment Weapon in Battle Against NY Live Event Ban

Earlier this month Zuffa LLC, the owner of Ultimate Fighting Championship, the largest U.S. promoter of professional mixed martial arts (MMA) events, as well as UFC athletes and viewers filed suit in federal court to challenge New York state’s ban on MMA performances before live audiences. The ban was first instituted in 1997, and efforts to achieve a legislative repeal have thus far been unsuccessful.  In addition to challenging the ban on Equal Protection grounds given the different treatment of MMA events and other forms of professional fighting, such as wrestling and boxing, the UFC complaint characterizes mixed martial arts as an expressive activity that is being targeted by the New York legislature based on a perceived pro-violence message and likens the MMA ban to California’s recently invalidated violent video game law.  The complaint, however, goes on to argue that the NY legislature has misperceived the message of MMA. Presenting the accounts from both MMA fighters and avid MMA fans, the complaint asserts that the matches are not glorifications of brutality but represent demonstrations of theatricality, discipline, physical mastery, camaraderie, and respect for others.  As such, plaintiffs argue the match performances merit First Amendment protection, and the ban of live MMA events should not survive appropriately heightened constitutional scrutiny. 

The plaintiffs’ legal team includes NYU constitutional law professor Barry Friedman.  Newsday, the NY Times, and the Wall Street Journal provide coverage of the suit. 

JFB