Democrats react to Kimmel suspension;  Suit against Braves challenges "Baseball Rule"

Summary

Georgia Today Podcast Summary

Episode Title: Democrats react to Kimmel suspension; Suit against Braves challenges "Baseball Rule"
Date: September 26, 2025
Host: Sophie Gratas (Georgia Public Broadcasting)

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Overview

This episode of Georgia Today covers a range of significant stories, sharing compelling reporting from across the state. Key topics include Georgia Democrats’ reaction to the suspension of Jimmy Kimmel’s show, the challenge to the long-standing "baseball rule" through a lawsuit against the Atlanta Braves, and developments in local institutions and events, such as the Atlanta Women's Film Festival and the renaming of Fort Gordon. The episode also features an in-depth interview with a sports law expert analyzing the legal and societal evolution of baseball stadium liability.

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Key Discussion Points & Insights

1. Democratic Response to Kimmel Suspension and Free Speech Concerns

• [00:32–01:28]
  • State Senate Democrats raised alarms at the state Capitol, alleging that the Trump administration is undermining free speech due to pressure exerted to suspend Jimmy Kimmel’s late-night show after controversial comments regarding Charlie Kirk’s death.
  • State Senator Josh McLaurin (also a candidate for lieutenant governor) praised public pushback against the suspension:

    • "The American people value free speech. The American people want voices like Kimmel to be able to keep speaking out, even if not everybody agrees with every word that Jimmy Kimmel says." — McLaurin [01:07]

  • Republican State Senator John Albers responded critically:

    • "I find it very hypocritical that they would think that way when we've actually been the party of free speech." — Albers [01:24]

  • Kimmel's show returned less than a week after its suspension.

2. Anniversary of Hurricane Helene in Georgia

• [01:38–02:22]
  • Communities, including Augusta, mark the anniversary of Hurricane Helene with memorial ceremonies honoring those lost and promoting resilience.
  • Augusta Mayor Garnett Johnson stated the event is to, “reflect, give thanks and reaffirm our commitment to resilience as we continue to rebuild and move forward.”

3. Fort Gordon Renamed and Honoring Fallen Soldiers

• [02:22–03:03]
  • Fort Gordon is now named after Master Sergeant Gary Gordon (a Black Hawk Down casualty), reflecting recent efforts to remove Confederate names from military installations.
  • Gary Gordon’s widow, Carmen Drake Owens, said:

    • "Fort Gordon will hold all the stories he was not able to tell." — Owens [02:37]

4. Other Local Developments Briefly Highlighted

• [03:03–05:19]
  • Northeast Georgia’s first standalone hospice house announced.
  • Medicaid privacy breach affecting 900+ recipients.
  • Spirit Airlines to furlough 334 Atlanta flight attendants amid cost-cutting and bankruptcy.
  • Notable spike in state layoffs through 2025.

5. Fifth Annual Atlanta Women's Film Festival

• [05:19–06:05]
  • The festival promotes community support and highlights women filmmakers, with entries from 35+ countries.
  • Festival director Caroline King stressed Georgia’s welcoming environment for indie filmmakers:

    • "We're not just a great place to premiere your film, we're a great place to film your project as well." — King [05:54]

  • The first Trailblazer Award to be announced.

6. Truett McConnell University Leadership Update

• [06:05–07:22]
  • President Amir Kanner will not be reinstated following allegations of mishandled sexual assault claims; John Yarborough named interim president.

7. Affordable Housing Renovation in Sweet Auburn, Atlanta

• [06:05–07:22]
  • Renovation underway at historic O’Hearn House, providing support for homeless individuals facing mental health/substance challenges.

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Featured Segment: The Baseball Rule and Lawsuit Against the Braves

8. The "Baseball Rule" Legal Doctrine

• [07:49–15:15]
  • Interview with Garrett Brushhouse, St. Louis attorney and former minor league baseball player, conducted by GPB’s Orlando Montoya.

A. Introduction & Origins

• [08:27–09:29]
  • The “baseball rule” generally says fans assume the risk of being hit by a ball when at a game, a precedent dating back over 100 years.

  • "Courts eventually decided 100 years ago is that a person assumes the risk of being hit by a foul ball when they attend a baseball game." — Brushhouse [08:31]

B. Evolution in the Courts

• [09:29–10:48]
  • Shift from absolute negligence bars to comparative negligence, allowing juries to decide degree of fault.

C. The Atlanta Braves Lawsuit

• [11:05–11:47]
  • The case concerns a fan injured by a ball thrown by an outfielder between innings—an unusual deviation from typical foul-ball injuries.

    • "In between innings, you don't necessarily expect one of the fielders to throw a ball into the stands." — Brushhouse [11:47]

  • The plaintiff claims this event was not an expected risk.

D. What Should Courts Consider?

• [11:47–13:20]
  • Importance of context: fan attention, frequency of such incidents, expectations.
  • Comparison made to mascot-related injuries: e.g., a court allowed a claim when a hotdog thrown by a mascot hit a fan in the eye.

  • "The assumption of the risk doctrine relies on the notion that things are, should be, certain types of things are expected." — Brushhouse [11:50]

  • Juries to weigh intent and negligence.

E. Arguments to Erode or Modify the Rule

• [13:20–14:33]
  • Changes in game speed, spectator distractions (phones), and expanded netting have altered expectations and legal interpretations.

  • "I think the law mirrors that expectation in society sometimes too, especially when you have common law stuff like this." — Brushhouse [14:10]

F. Outcome Predictions

• [14:43–15:08]

  • "Over 90% of things like this do settle ... but for people like me who like reading about these types of decisions, you almost hope it doesn't settle." — Brushhouse [14:43]

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9. Brief Sports Updates

• [15:15–end]
  • Atlanta Braves ending season against the Pittsburgh Pirates—year of disappointment but with some highlights.
  • Georgia vs. Alabama football showdown at Sanford Stadium, the first Athens matchup in a decade.

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Notable Quotes & Timestamps

• "The American people value free speech. The American people want voices like Kimmel to be able to keep speaking out, even if not everybody agrees with every word that Jimmy Kimmel says."
  — State Sen. Josh McLaurin [01:07]

• "I find it very hypocritical that they would think that way when we've actually been the party of free speech."
  — State Sen. John Albers [01:24]

• "Fort Gordon will hold all the stories he was not able to tell."
  — Carmen Drake Owens [02:37]

• "We're not just a great place to premiere your film, we're a great place to film your project as well."
  — Caroline King [05:54]

• "In between innings, you don't necessarily expect one of the fielders to throw a ball into the stands."
  — Garrett Brushhouse [11:47]

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Important Segment Timestamps

• 00:32–01:28 — Democrats and Republicans debate free speech over Kimmel suspension
• 07:49–15:15 — Deep dive into the “baseball rule” and Atlanta Braves lawsuit (with legal analysis)
• 05:19–06:05 — Atlanta Women's Film Festival spotlight

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Conclusion

This episode weaves together critical updates from Georgia politics, public health, local culture, and the intersection of sports and law. It shines a spotlight on the evolving landscape of freedom of speech, the transformation of legal doctrines to meet societal expectations, and the resilience of local communities in the face of adversity. The in-depth discussion on the baseball rule—combining legal history and societal insight—offers valuable context for anyone interested in the future of fan safety and responsibility in American sports.

Transcript

[A]

Foreign welcome to the Georgia Today podcast. Here we bring you the latest reports from the GPB newsroom. On today's episode, state Democrats call out attacks to free speech by the Trump administration. The fifth annual Atlanta Women's Film Festival kicks off and a lawsuit against the Atlanta Braves is challenging the so called baseball rule.

[B]

In between innings, you don't necessarily expect one of the fielders to throw a ball into the stands.

[A]

Today is Friday, September 26th. I'm Sophie Gradas and this is Georgia Today. Senate Democrats sounded the alarm on Thursday at the state Capitol about what they call attacks on free speech. GPB's Sarah Kalis reports.

[C]

State Senator Josh McLaurin, who is also running for lieutenant governor. Sarah says he was concerned about pressure from the federal government to suspend late night comedian Jimmy Kimmel's talk show after he made controversial remarks about the death of Charlie Kirk. But he was encouraged over public outcry over the decision.

[D]

The American people value free speech. The American people want voices like Kimmel to be able to keep speaking out, even if not everybody agrees with every word that Jimmy Kimmel says.

[C]

Republican State Senator John Albers calls the Democrats concern, quote, ironic.

[E]

I find it very hypocritical that they would think that way when we've actually been the party of free speech.

[C]

Kimmel's show returned less than a week after the suspension. For GPB News, I'm Sarah Kallis at the state Capitol.

[A]

This weekend marks a year since Hurricane Helene swept through Georgia. Some communities hit hardest by the storm are marking the anniversary today and tomorrow. That includes Augusta, where a memorial ceremony to honor lives lost in the storm is planned for Saturday. Augusta Mayor Garnett Johnson says the event is meant to, quote, reflect, give thanks and reaffirm our commitment to resilience as we continue to rebuild and move forward. Georgia's Fort Gordon today honored its new namesake, a soldier who died in the 1993 Black Hawk down incident in Somalia. At a ceremony this morning, the widow of Master Sergeant Gary Gordon, Carmen Drake Owens, called her late husband a humble man who loved his country.

[F]

I believe that Gary would look at the naming of this post as a way to remember not just him, but every soldier that was involved in the Battle of Mogadishu. Fort Gordon will hold all the stories he was not able to tell.

[A]

Fort Gordon, originally named for a Confederate soldier, was renamed Fort Eisenhower after Congress passed a law aimed at removing Confederate names in 2021. The the Trump administration has gotten around that law by finding other soldiers with the same last names to honor Northeast Georgia health Systems broke ground this month on the region's first standalone Hospice House. GPB's Ellen Eldredge has more.

[G]

Earlier this month, Northeast Georgia Health System broke ground on the region's first standalone hospice house. The 16 bed Chuck and Diane Stevens Hospice House will offer a chapel, library and green spaces where family members can gather. Chris Bray is president and chief philanthropy officer for the Northeast Georgia Health System Foundation. He says there's still room to grow.

[H]

In the future, so we built a.

[E]

Footprint that allows for eight more beds.

[D]

To be added onto the same property if we found that we needed to expand pretty quickly.

[G]

The facility is expected to be completed in late 2026. For GPB news, I'm Ellen Eldridge.

[A]

A state contractor says the private health information of more than 900 Georgia Medicaid recipients might have been exposed in July. GainWell Technologies, the fiscal agent for Medicaid in Georgia, disclosed the incident on Friday, saying an unauthorized caller gained access to a reimbursement account and was able to view payment information. A company spokesperson says the caller wanted to access payments to providers. The spokesperson says Social Security numbers were not disclosed in the incident. Gainwell contracts with the state Department of Community Health. A department spokesperson from DCH could not be reached for comment. Spirit Airlines latest cost cutting measures are hitting its Atlanta staff hard 334 flight attendants at its Atlanta hub will be furloughed as part of the company's layoff of 1800 flight attendants. Spirit is cutting flights and restructuring to reduce costs. The budget carrier filed for bankruptcy twice this year, and the furloughs are set to take effect on December 1, 2025, with the layoffs at Spirit added to the running list of other 2025 state layoffs. There have been over 12,000 skilled jobs lost in the state. That's about a 40% increase over all of either 2023 or 2024. And with three months left in the year, the fifth annual Atlanta Women's Film Festival is underway in Atlanta. This year's event is focused on building community support and recognizing local talent. GPB's Amanda Andrews has more.

[H]

This year's festival includes screenings, table reads and panel discussions highlighting women in the film industry. Submissions for the festival came from over 35 countries as well as filmmakers across the U.S. while some major studios are moving away from Georgia, festival director Caroline King says she's making sure independent filmmakers feel welcome.

[I]

We're going to have really great, amazing workshops and panels and discussions and just everything for networking to get everybody in their community and encourage people to bring their productions here we're not just a great place to premiere your film, we're a great place to film your project as well.

[H]

The event runs through Sunday, where they'll reveal the winner of the first Atlanta Women's Film Festival Trailblazer Award. For GPB News, I'm Amanda Andrews.

[A]

Trustees at Truett McConnell University in Northeast Georgia won't reinstate President Amir Kanner. Canner had been on leave since June while the school investigated claims that a former administrator sexually assaulted a student and Kanner ignored it. Today, the university announced that John Yarborough will become interim president and the school will look for a new permanent president. The investigation's findings were presented to trustees but have not been made public. The case sparked rare protests at the Baptist college where faculty and alumni demanded Kanner's removal. Renovations are underway on the historic O' Hearn House in Atlanta's Sweet Auburn neighborhood. The 76 unit apartment building provides permanent supportive housing for people who've experienced homelessness and face mental health and substance use challenges. Residents have temporarily relocated during the year long renovations and are expected to return in the fall of 2026. The project will modernize living spaces and improve community amenities like the kitchen. The building was originally built as a shoe factory in the early 1900s.

[J]

It's rare to find a podcast that can actually change your life, but when the show's called Life Kit, that's kind.

[A]

Of the whole point.

[J]

I'm Marielle Segar. Three times a week on the Life Kit podcast, we guide you through a topic we could all use help with, from personal development to healthy living to managing your dinero with takeaways so you can start living what you learn right away. Escucha El lifekit podcast from npr.

[A]

Courts across the country have been eroding a century old legal doctrine that comes with your popcorn and Cracker Jacks. It's called the baseball rule, and it generally means that when you enter a baseball stadium, you are assuming the inherent risk that you could be hit by a ball. A Georgia lawsuit is further challenging that rule. It stems from an Atlanta Braves World series game in 2021. Here to talk about the baseball rule and the lawsuit is St. Louis Attorney Garrett Brushhouse. He spent six years playing in the minor leagues before becoming an attorney and sports law Expert. He joined GPB's Orlando Montoya from St. Louis.

[E]

What is the origin of the baseball rule?

[B]

So a little over 100 years ago, court started grappling with the effects of having foul balls flying into the stands and spectators being hit by those foul balls. You know alongside the origin of professional baseball as we know it. And at that time, you have to remember that fans could get very close to the field. And so unlike today, where there are distinct barriers and fans aren't allowed to get anywhere close to the field back then, if you look at old pictures, you'll see spectators can get right up next to the. To the foul lines at these games. And what the courts eventually decided 100 years ago is that a person assumes the risk of being hit by a foul ball when they attend a baseball game. And so it's an old common law doctrine called assumption of the risk. That bar is a lawsuit from an injury.

[E]

Where does the baseball rule stand now in the light of recent court rulings?

[B]

So what we've seen over the past hundred years is we've seen. Seen courts kind of take a new approach more recently to the baseball rule rule. And it's really a continuation of some things that have happened over the course of the last, last century. So in the 1970s, court started looking at some of these old defenses that were in injury law and saying, well, we don't necessarily like absolute bars to lawsuit. Instead, let's let things more things get to the jury. So whereas before you had systems that absolutely barred lawsuits under negligence, you had a doctrine that replaced it called comparative negligence, where you let the jury decide is one person 30% at fault, the other person 70% at fault, or as one person 40% or 50% or whatever. We began having more trust in juries, and so more things began going to the jury. And so what you've seen over the last couple decades, then, is you've seen that sort of transition into the baseball rule, too, where we don't like this absolute bar to lawsuits.

[E]

And that leads us to the 2021 World Series Atlanta Braves lawsuit. You're not involved, but you have seen the most recent ruling from the Georgia Court of Appeals. Can you describe briefly what the plaintiffs are claiming in that case?

[B]

Yeah, and this. This is not surprising to see the. The Georgia court of appeals come down in this situation, because basically what the plaintiffs are alleging is that they're hit by a ball that's thrown from an outfielder in between innings. And so this is a little different than your normal scenario of a foul ball hitting a person during the game. And so the allegation by the plaintiff is that, well, this isn't just incidental to the game itself, but it's instead something extra and less expected. When you attend a baseball game, it's in between innings. You don't necessarily Expect one of the fielders to throw a ball into the stands.

[E]

What else should the courts consider in this case?

[B]

Well, there are a couple other things I think that are in play here. And one of the things I think that are in play is as the courts consider these types of things, they think about, okay, well, who was really negligent here and should we have that absolute bar or not? And so one of the things down the road in this case that they're going to be looking at is, well, was the fan paying attention? How often do things like this, this occur? Because the assumption of the risk doctrine relies on the notion that things are, should be, certain types of things are expected. And so when a fan attends a baseball game, you expect a foul ball to happen during games. You assume that risk. So, you know, other, other courts in the last two decades have looked at things like mascots doing, doing activities between innings and whether something like that. There's a case from Missouri that involved a mascot throwing a hot dog and a fan was unfortunately hit in the eye by this hot dog. It sounds kind of goofy, but it really hurt his eye. And the courts let that case go forward because you don't expect and you don't assume the risk of being hit by a hot dog thrown by a mascot in between innings. How hard did the outfielder throw this ball? Did he just lob it in or did he actually fire it in the way that the allegations are made out to be? Let the jury weigh these things and work it out.

[E]

Are there arguments to be made that the baseball rule should be limited because the game and the law have changed in the last 100 years? I mean, balls are much faster, therefore much more dangerous. Fans are distracted more with their phones, netting is more widely used, and society and the law with it have evolved to be more focused on people's safety. What are your thoughts?

[B]

Yeah, absolutely. And I think you're seeing that. I think that's why you're seeing some erosion of this rule with your normal typical foul ball. This rule is still going to apply. But what you have seen is you've seen pressure on Major League Baseball to extend netting in recent years, for instance, and eventually they did add that netting. And that's a reflection of we as a society demanding certain standards and upgrades. And I think the law mirrors that expectation in society sometimes too, especially when you have common law stuff like this. Common law meaning that it evolves over time. Things do reflect societal's, society's expectations sometimes.

[E]

We reached out to the Atlanta Braves for their comments on this case, they did not respond. Do you think they'll ultimately prevail or settle this matter?

[B]

Well, over 90% of things like this do settle. So I would say after the, after this, this appeal and once the case goes back, I think there is a very good chance that it does settle. For people like me who like reading about these types of decisions, you almost hope it doesn't settle because you always welcome new developments in the law on this. But I think most likely it would settle at some point once it goes back before it goes to a trial.

[E]

That's St. Louis attorney and sports law expert Garrett Brushhouse. Thanks for speaking with me.

[A]

This weekend, the Atlanta Braves will host the Pittsburgh Pirates at home to end their season. It marks a year full of injuries and disappointments for fans, but there were some silver linings like a win at the MLB Speedway Classic in Bristol, Tennessee. The Braves will return with a home opener against the Kansas City Royals on March 26, 2026. Georgia will take on Alabama in a highly anticipated showdown between the SEC Titans at Georgia Sanford Stadium on Saturday. It will be Georgia coach Kirby Smart's first home game against the Crimson Tide and the first Georgia Alabama matchup in Athens in 10 years. Alabama has proven to be a difficult opponent for Georgia under Coach Smart. The former Alabama defensive coordinator has a 16 record in the rivalry. Smart's one win over his former team was memorable, though. That was when Georgia beat Alabama and Indianapolis in 2022 to win the national championship. That is it for today's edition of Georgia Today. If you would like to learn more about these stories and hear more as well, well visit gpb.org news if you haven't yet subscribed to this podcast, take a moment. Do it right now. Keep us current in your podcast feed. If you do have feedback, we would love to hear it. Email us at georgia today pb.org I'm Sophie Gradas and we will see you next week.