ESPN Asks Court To Dismiss Lawsuit From SportsCenter Host Steele Who Called Company’s Vaccine Mandate ‘Sick’

Topline

ESPN this week sought to dismiss a lawsuit filed by SportsCenter host Sage Steele who alleged the company violated her right to free speech after it disciplined her for calling ESPN’s vaccine mandate “scary” and questioning former President Barack Obama’s racial identity.

Key Facts

In the motion filed Thursday in Connecticut Superior Court—first reported by the Washington Post—ESPN claimed Steele can’t argue the company retaliated against her because it was not contractually obligated to use her for any particular assignments, only to pay her salary, which it continued to do.

Steele filed the lawsuit in April, alleging ESPN breached her contract by taking her off air and failing to shield her from online criticism from colleagues.

ESPN argued in the motion it was not the company’s legal responsibility to protect Steele from co-workers’ responses.

Taking Steele off air, allowing colleagues to cancel appearances with her and asking Steele to issue an apology are “casting decisions” that are “considered conduct furthering ESPN’s protected expression,” the company wrote in the filing.

Steele did not respond to requests for comment from Forbes and ESPN declined to comment.

Key Background

Last September, in an appearance on the podcast of former NFL quarterback Jay Cutler, Steele called a vaccine mandate implemented by Disney—which owns ESPN—”sick” and “scary to me in many ways.” The SportsCenter co-host—who ESPN says is one of the company’s “most popular and respected commentators”—also called Obama’s choice to identify as Black “fascinating” because she said he was raised by a white mother and grandmother while his Black father was “nowhere to be found.” After Steele’s remarks sparked an outcry on social media, ESPN told the anchor she would be “sidelined,” Steele alleged in a lawsuit she filed in April. Steele also claimed she was forced to issue an apology in which she said she knew her recent comments “created controversy for the company, and I apologize.” Steele also argued she was removed from major assignments shortly after her comments, including reporting on the New York City Marathon. The suit—which does not seek monetary damages—said ESPN violated Connecticut law and “Steele’s rights to free speech based on a faulty understanding of her comments” as well as a “nonexistent unenforced workplace policy that serves as nothing more than pretext.”

Further Reading

ESPN seeks to dismiss Sage Steele’s free speech lawsuit (Washington Post)

ESPN Anchor Sage Steele Sues Network, Alleging Violation of Free-Speech Rights (Wall Street Journal)