ESPN has filed a motion to dismiss the lawsuit of “SportsCenter” anchor Sage Steele, who alleges the company breached her contract and violated her civil rights after she was temporarily taken off the air following remarks she made on a podcast last September.

In court papers filed this week in Connecticut state court, ESPN said its choices of who appears on-air, not to react to negative feedback Steele’s peers at the company had toward her and forcing her to apologize are covered under the First Amendment.

Advertisement

In ESPN’s motion to dismiss, it noted Steele made three remarks, “one of which the public perceived as racist, one of which the public perceived as sexist and the other of which disparaged her employer.”

On the “Uncut With Jay Cutler” podcast, Steele said female journalists are sometimes harassed because of what they choose to wear; that it’s strange that former President Barack Obama identifies as Black because his Black father was absent from his childhood and he was raised by his White mother and grandmother; and that ESPN made a “sick” decision in mandating its employees be vaccinated against COVID-19.

In response, former NFL player and ESPN personality Ryan Clark refused to appear on-air with her; an ESPN executive at the espnW: Women + Sports Summit told attendees the network had elected to have Steele “sit this one out”; and “SportsCenter” anchor Nicole Briscoe posted comments that were critical of Steele.

Steele was taken off the air for much of October 2021, though ESPN argued it never characterized sidelining her as a suspension.

ESPN also disclosed in court papers that Steele had been scheduled to interview actress Halle Berry at the women’s forum, but representatives for the actress communicated she would only attend if Steele did not interview her. Malika Andrews interviewed Berry at the Oct. 18 event.

In a separate affidavit, another ESPN executive wrote that the V Foundation, which ESPN owns in conjunction with the cancer charity, asked that Steele be taken off the annual fundraiser program.

“The event organizers asked ESPN to take Steele off the event because they perceived her comments about the COVID-19 vaccine as ‘anti-science’ and the Foundation’s mission is to raise funds for cancer research,” wrote Norby Williamson, executive vice president and executive editor of production at ESPN.

Advertisement

Steele’s lawsuit, filed April 28, contends that ESPN retaliated against her, created a hostile work environment by failing to act on her co-workers’ actions, declined to correct reports that she had been suspended, and forced her to apologize by warning she would be fired otherwise.

“Steele was punished not only for exercising her constitutional right to free speech but because of the content of that speech,” her lawsuit alleges.

While Steele’s lawsuit seeks to make a free-speech case, ESPN is also cloaking itself in the mantle of the First Amendment by arguing its casting decisions are akin to free speech.

“Removing Steele from broadcasts, allegedly taking her off prime assignments, and permitting Ryan Clark to ‘refuse to appear on-air with Steele because of her comments’ are all essentially casting decisions regarding who was to report on ESPN’s broadcasts,” the motion to dismiss stated. “And the law is clear that casting decisions qualify as ‘acts in furtherance of’ ESPN’s communication.’”

ESPN claims that because these are acts of communication about matters of public concern, the network’s actions are protected under Connecticut’s anti-SLAPP law. SLAPP is the acronym for Strategic Lawsuits Against Public Participation, which is the law in 32 states and is designed to inhibit litigation targeted at public speech.

ESPN’s parent, the Walt Disney Company, which is named as a defendant, also filed a motion to dismiss. Disney said it did not employ Steele, or make the decisions she is suing over, so the court does not have jurisdiction over the California-based entertainment giant.

Steele’s attorney could not immediately be reached for a response.

(Photo: Kirby Lee / USA Today)