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re: Expect litigation if NCAA exerts viewpoint discrimination on jersey messages
Posted on 7/31/20 at 11:04 am to tigersbb
Posted on 7/31/20 at 11:04 am to tigersbb
The NCAA isn't controlling the messages. The schools and conferences are. Even if they were controlling them, they aren't a state actor, so no free speech issues would be implicated.
But you are correct that public institutions could have a problem if they start regulating the content of the players' speech.
But you are correct that public institutions could have a problem if they start regulating the content of the players' speech.
This post was edited on 7/31/20 at 11:10 am
3
Posted on 7/31/20 at 11:21 am to Gravitiger
quote:
The NCAA isn't controlling the messages. The schools and conferences are. Even if they were controlling them, they aren't a state actor, so no free speech issues would be implicated.
But you are correct that public institutions could have a problem if they start regulating the content of the players' speech.
Whoever is responsible for the limitations placed on such speech would be named in the litigation. It could create some interesting dynamic within the team, coaching staff and university personnel.
Posted on 7/31/20 at 3:25 pm to Gravitiger
If state schools are controlling the content via the conferences how are there no state actors? I hope you aren’t a lawyer.
This post was edited on 7/31/20 at 4:17 pm
Posted on 7/31/20 at 4:09 pm to Gravitiger
quote:
But you are correct that public institutions could have a problem if they start regulating the content of the players' speech.
No institution is going to have to regulate football or basketball messages. They are not going to be individualized. There will only be one message per team per game. Players can either wear it, or not. This guarantees all messages will be left wing, unless a hockey or baseball team wear MAGA patches.
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