The essential core of the right to freedom of expression in sports through the lens of the Colin Kaepernick and Carol Solberg cases

Abstract

The political stance of athletes is increasingly verified in arenas, fields and courts around the world. Athletes have been spokespersons in the political and social milieu. However, what can be seen is that these manifestations are limited both by the sports law itself and by the federations and local institutions linked to sports practice. In this sense, the purpose of this study is to verify the essential core of the fundamental right to freedom of expression in sport. It seeks to analyze the cases of Colin Kaepernick, American football athlete, and Carol Solberg, beach volleyball athlete, especially with regard to legal repercussions in the US and Brazilian courts. Based on the indirect research, the article initially analyzes the aforementioned cases with the purpose of investigating the limits to the understanding given to the right to freedom of expression in sports. It is shown that sport is an important part of the social, cultural and political environment, even though the Olympic Movement values ​​its political neutrality. Finally, the study analyzes the essential content of the fundamental right to freedom of expression in sports, analyzing the limits and restrictions of the Olympic Charter and international treaties.