There’s a difference in boycotting an illegal activity and boycotting something’s that’s protected by free speech.  The NAACP is again attempting to stop an act that’s both legal and protected by free speech.  Specifically, they’re threatening to boycott Miami Motor Speedway’s hosting of November’s NASCAR race unless it bans Confederate flags.  NASCAR officials argue they can’t control what 65,000 fans wear or

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display and even if they could, they’re not the owners of the speedway.  Further, none of NASCAR’s drivers or marketing materials display any symbol associated with the Confederate flag.  A spokesman for NASCAR has said the organization would be happy to meet with officials from NAACP to explain the situation, but anything further than an explanation isn’t warranted.

The only enforcement the speedway can possibly ensure is that no flag be waved in the stands since it blocks other fans from viewing the race.  That said, it can’t legally prohibit anyone from entering the raceway who’s wearing shirts or other clothing that reference the Confederate flag.  The ACLU has weighed in as well.  Its spokesperson has said bringing the flag into any event is protected as free speech.

So what exactly does the NAACP want the raceway to do?  Clearly, attempting to dictate what’s acceptable (within reason, of course) in terms of clothing leads to nothing good and leaves it open to lawsuits for lawyers.   It seems a protest held onsite will only hamper everyone’s enjoyment who arrives there to witness the final race of the season.  Still, there’s a letter in draft form that’s being prepared to send to the speedway in an effort to have any images of the Confederate flag banned and warnings that failure to do so will result in a protest and boycott if the speedway or NASCAR refuse to support the group’s efforts.

The potential exists for groups that support the Confederate flag to host their own counter protests should it come to that, specifically the Sons of the Confederate Veterans, based in Tennessee.

Brian France, who is the CEO of NASCAR said it best in a 2005 interview, “…I can’t tell people what flag to fly.  I can tell you the flag we get behind - it’s the American flag.”

NASCAR fans are a loyal bunch who thrive as much on the adrenaline of a fast paced, leader-changing race as much as the drivers of these near-million dollar cars are.  It’s the most recent near-tragedy that’s brought a controversy back into the spotlight and has the drivers, fans and NASCAR executives debating once again.  Restrictor plates, which basically ensure each driver isn’t driving too fast, has long since been a thorn in the collective side of NASCAR drivers.  They insist, and many agree, that it forces them to drive too close

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together since no one can get an upper edge in terms of speed.  Very few drivers believe it serves any purpose other than to provide too much danger due to the increased risk of crashes.  This is exactly what happened in Talladega, AL yesterday.

The world famous track has long since been at least partially blamed for the mandatory restrictor plates, especially after a particularly spectacular crash in the late eighties involving Bobby Allison.  He was running at 200+ mph, his crash sent him airborne and nearly resulted in his death.  He crashed into the fence and sent pieces of his car into the crowd.  NASCAR’s response was the development of the restrictor plates.  They insisted the insanely fast speeds had a lot to do with both Allison’s injuries as well as the spectators who were injured.

Yesterday’s crash that sent Carl Edwards airborne also sent debris flying into the spectator area, just as it did with Allison over twenty years ago.  This, of course, has many opponents arguing that the restrictor plates aren’t doing everything they’re designed for after all.  Yesterday’s fright only seems to back up these arguments.   Amazingly, Edwards walked away from the crash and actually crossed the finish line (the crash happened in the last lap) on foot.  He was battling for first place with Brad Keselowski, who ended up winning the race.  Although Edwards was uninjured, several fans weren’t so lucky.  Flying debris isn’t uncommon at these races and die-hard fans know it’s a risk they take.  Rarely are there lawsuits that result.  This time, there’s one fan who’s still in the hospital with a broken jaw.

Even Dale Earnhardt, Jr., whose father was killed in 2001, says the restrictor plates are celebrated, both by the media and networks, because it increases the chances of “the big one”, referring to a major crash that would most likely end the career of a beloved driver.  It’s not unheard of; some of the best have lost their lives on the tracks and every famous NASCAR family, including the Allison family, the Earnhardt family and the Petty family, just to name a few, has its own heartbreak over losing a family member.

Perhaps it was best said by Edwards himself after the race, “I don’t know if I could live with myself if I ended up in the grandstands.  We’ll race like this until we kill somebody, then NASCAR will change it.”

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