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re: Expect litigation if NCAA exerts viewpoint discrimination on jersey messages

Posted on 7/31/20 at 11:21 am to
Posted by tigersbb
Member since Oct 2012
10387 posts
Posted on 7/31/20 at 11:21 am to
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 by Gravitiger
Member since Jun 2011
10451 posts
Posted on 7/31/20 at 11:25 am to
quote:

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.
Correct. If they are a state actor.

My guess is most schools will simply avoid the issue by not allowing any players to display any individual messages at all.
This post was edited on 7/31/20 at 11:27 am
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