A pair of New York Giants fans have filed a lawsuit against the San Francisco 49ers to win the right to curse out players in Levi’s Stadium, according to reports.
The fans filed their lawsuit in San Jose, California, last week alleging that the team violated their right to free speech when security officers escorted them out of the stadium for cursing at and flipping off the players, Fox News reported.
The suit filed by brothers Kyle and Patrick Flynn alleges that the fans were tossed out for screaming obscenities during the November 12, 2017, game between the Giants and the San Francisco 49ers.
The Flynn brothers say that they have as much right to protest the players as they do to protest during the national anthem.
“Patrick Flynn’s and Kyle Flynn’s comments and gestures directed towards the New York Giants players, as well as Patrick Flynn’s decision to ‘take a knee'” were protected by the First Amendment, the lawsuit said.
The Flynns say that they were told to stop yelling by Santa Clara police officer Nicholas Cusimano but the officer did not warn them that continued behavior would be cause for expulsion, they allege.
Kyle Flynn also alleges that the police overreacted as they detained them. Kyle claims he did not resist but was placed in a choke hold and full body restraint anyway. Patrick alleges that officers tackled him, broke his hand with a baton, and causing him to fly over the railing to fall ten feet to the ground where he was then hit with a stun gun.
A video of the actions taken by police went viral last year:
Kyle was charged with misdemeanor resisting arrest, a charge that was later dismissed. Patrick was charged with public intoxication and for violating the stadium’s code of conduct. The pair’s friend was also arrested that day.
Follow Warner Todd Huston on Twitter @warnerthuston.