THE NATIONAL FOOTBALL LEAGUE (NFL) is currently trying to get a lawsuit from former Las Vegas Raiders head coach Jon Gruden thrown out of court. Gruden ultimately resigned himself in October 2021, when emails he wrote using such language, including racist and misogynistic remarks, were leaked. The Nevada District Court has re-entered the case following an opinion from the Nevada Supreme Court. This case is drawing national headlines for the obvious reasons—it touches on First Amendment rights and the NBA’s longstanding practice of actions like this.
Gruden’s resignation came just a few days after those emails became public. Imagine if he had sent these messages during his time as an ESPN analyst from 2011 to 2018. Discriminatory comments made against immigrants, Indigenous women, Black people, and others triggered national outrage. Despite his Hall of Fame status, he eventually left the Raiders under a cloud of controversy.
Gruden responded by doubling down on the NFL and Commissioner Roger Goodell. He went on to file a lawsuit of his own, accusing them of having waged a “malicious and orchestrated campaign” to ruin his career by leaking those emails. Gruden denies all the allegations and insists that this campaign was meant to tarnish his name in the league.
The NFL has countered Gruden’s claims with two motions aiming for a swift dismissal, citing Nevada’s anti-SLAPP statute. This law was passed to protect normal people—regular folks—from being crushed by lawsuits designed to intimidate and silence free speech. The NFL asserts that Gruden’s case has no legal merit and is based on factually unfounded accusations.
“Gruden does not and cannot dispute that he wrote the emails that led to his resignation,” – NFL attorneys
In 2022, the NFL appealed to Nevada’s high court after a Las Vegas judge rejected its initial attempts to dismiss Gruden’s claims. The NFL, for its part, claims their actions were proper and lawful. They further argue that releasing Gruden’s original, unedited emails to the press is protected by their First Amendment right to freedom of speech.
“Gruden’s false claims are all premised on quintessential First Amendment activity,” – NFL attorneys
Jon Gruden’s coaching legacy burns the brightest from his glorious days with the Raiders in Oakland, where he scorched the Earth from 1998 to 2001. He guided the Tampa Bay Buccaneers to their 2003 Super Bowl win. Immediately following his resignation, Gruden swiftly landed back on his feet, joining the offense-oriented New Orleans Saints as a consultant in 2023. Today, he is part owner and consultant of the Nashville Kats in the Arena Football One league.
The Nevada Supreme Court can be commended for this audacious ruling. They ruled that the arbitration clause in the NFL Constitution is “unconscionable” and doesn’t apply to Gruden, an ex-employee. With this legal showdown going forward, expect both sides to be gearing up for a long and costly court battle.
“The Complaint hinges solely on unsupported allegations that fail as a matter of law,” – NFL attorneys
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