Set piece magic
John Solomon (38)
Thanks for the mods for keeping this thread open to date
It's important we are able to have these discussions
I was pretty disappointed when the previous threads were locked because this is an important issue for rugby and how we manage to all get along. Just shutting down threads doesn't help it
The key difference everyone needs to remember is the difference between free speech as a legal, constitutional issue and free speech as a contractual issue. That is to say the difference between expressing your opinion as a private individual and that as the corollary of your employer.
People who enter into contracts can regularly sign away their speech - for example, I know that if I were to publicly criticise my employer I would be fired almost instantly (no I'm not stating my employer). I agreed to this in the contract
Folau posting to his public instagram is expressing his opinion within the context of being a professional athlete, employed by RA. His page is followed by rugby fans. He made the decision to sign the contract saying he wouldn't bring the game into disrepute (which this clearly does). He CAN still express his opinion in private
So the question thus is what exactly RA should decide is disrepute. I think a reasonable opinion, like a political opinion, or most opinions don't bring the game into the mud, even if people don't agree with them.
But this just clearly says homosexuals will go to hell. It's hating on a big section of our fan base. Most people I know that are gay think he's more of an idiot than offensive, but it doesn't help.
It also doesn't help that we're desperate to keep our sponsor Qantas, a known advocate for gay rights, happy. But really, Folau knew the rules, he's been given a warning not to do this because it crosses the line. It's now a challenge to RA's authority and legitimacy
I'd fine Folau his next match fee, but don't tear up his contract - this would be too controversial. But you need to set the precedent that people can't get away with something like this. Then if he does it again, fine him three match fees. Keep it going.
Folau can have his cooked opinions, just don't express them in the context of your role as a pro athlete
It's important we are able to have these discussions
I was pretty disappointed when the previous threads were locked because this is an important issue for rugby and how we manage to all get along. Just shutting down threads doesn't help it
The key difference everyone needs to remember is the difference between free speech as a legal, constitutional issue and free speech as a contractual issue. That is to say the difference between expressing your opinion as a private individual and that as the corollary of your employer.
People who enter into contracts can regularly sign away their speech - for example, I know that if I were to publicly criticise my employer I would be fired almost instantly (no I'm not stating my employer). I agreed to this in the contract
Folau posting to his public instagram is expressing his opinion within the context of being a professional athlete, employed by RA. His page is followed by rugby fans. He made the decision to sign the contract saying he wouldn't bring the game into disrepute (which this clearly does). He CAN still express his opinion in private
So the question thus is what exactly RA should decide is disrepute. I think a reasonable opinion, like a political opinion, or most opinions don't bring the game into the mud, even if people don't agree with them.
But this just clearly says homosexuals will go to hell. It's hating on a big section of our fan base. Most people I know that are gay think he's more of an idiot than offensive, but it doesn't help.
It also doesn't help that we're desperate to keep our sponsor Qantas, a known advocate for gay rights, happy. But really, Folau knew the rules, he's been given a warning not to do this because it crosses the line. It's now a challenge to RA's authority and legitimacy
I'd fine Folau his next match fee, but don't tear up his contract - this would be too controversial. But you need to set the precedent that people can't get away with something like this. Then if he does it again, fine him three match fees. Keep it going.
Folau can have his cooked opinions, just don't express them in the context of your role as a pro athlete