The fact that an attorney complained to Arkansas State about memorial crosses placed on the football team’s helmets triggered action from the university, with the crosses being altered or removed so that only the initials of the dead remained. It also, though, triggered an outpouring of criticism of the school from those who felt they caved to the interests of a single individual at the expense of the majority.
One of those levying the most pointed criticism was the Liberty Institute, a conservative Christian legal organization that had complained in a letter to the university that it had infringed on the private religious rights of the players.
In the end, they’re right back to a similar place where they were prior to the original complaint lodged over a week ago: the players can have crosses on their helmets, if they want them there. And they won’t be placed their by an employee of the school as before; rather, the players themselves will be able to affix crosses or any other NCAA-sanctioned tribute to former defensive lineman Markel Owens and former equipment manager Barry Weyer Jr., who both died back in 2013 in separate incidents.
The university allowed that it was wrong for the school to place the crosses on the helmets originally. “The sticker idea originated among the coaches and the coaches’ small group of football players on the Leadership Council,” a letter from ASU System President Charles Welch to the institute stated, also noting that the stickers were paid for using public funds. That will not happen this time around.
According to the same letter, "[t]he display of these stickers will be totally voluntary and completely independent of university involvement. The university will not procure the stickers, purchase them, or affix them to the helmets.”
ASU officials had consulted with their counterparts at the Liberty institute to come up with a solution that allows the individuals to make the choice. It also came after conversations with its own legal team and the NCAA.
“In the interest of allowing our student-athletes to memorialize their fallen colleagues, Markel Owens and Barry Weyer, it is the university’s position that any player who wishes to voluntarily place an NCAA-compliant sticker on their helmet to memorialize these individuals will be able to do so,” the letter from the university continued.
The Liberty Institute issued its own statement hailing what it referred to as “a great victory for the players of Arkansas State University!”“According to the letter we received from the University and communications from the Arkansas Attorney General Office, the players will be allowed to place the original cross sticker design on their helmets in the original location if they so choose.
“The University officials and the Arkansas Attorney General did the right thing restoring the religious liberty and free speech rights of the players to have the original cross sticker design if they so choose and we commend them for doing so.”
A Red Wolve football player had complained that the school had violated his right to free speech because of the cross flap, which gained the interest of the institute. The school, though, denies the player’s right to free speech was infringed upon due to the university’s actions.In the letter referenced previously, the institute was taken to task by the president for disseminating what it called misinformation over what led to the school’s initial decision.
The University’s response said “The foregoing facts are in stark contrast to the misinformation contained in your letter stating that the ‘students designed the helmet sticker,’ that '[e]ach teammate affixed the sticker to his helmet,’ and that the ‘stickers were designed by the students on their own.’”
The letter also said that all of this was done without the advice of counsel. The University argued that “Accordingly, when the school modified the stickers to avoid Establishment Clause concerns, no student speech was infringed.”(Photo credit: Arkansas State athletics)