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Pulliam: SEC’s Legal Argument to Expel LSU Likely to Be ‘Laughed Out" Article
Posted on 9/9/26 at 11:46 am
Posted on 9/9/26 at 11:46 am
Saw this posted on X. Here are some highlights.
Here's the TLDR:
Full article for anyone who wants to read it. Full Article: tennesseestar website
quote:
He said the SEC’s argument essentially claims a First Amendment right not to associate with LSU while simultaneously asking a court to prevent LSU from going to court to defend itself.
“So what the SEC is saying is, ‘We have a First Amendment right to not associate with people we don’t like or that we disagree with, and we don’t like and we don’t agree with LSU. So in order to protect our First Amendment right of association, we intend to kick them out of the SEC, but we want you to issue an injunction at the beginning of the week because we’re not gonna kick them out until the end of the week. And we want you to issue an injunction preventing LSU from going into court to assert its legal rights that could interfere with our ejection of them from the SEC,’” Pulliam explained.
quote:
He described the SEC’s request for an injunction preventing LSU from pursuing legal action as a “prior restraint,” adding, “we all learned in law school that the one thing the First Amendment does not tolerate is prior restraints.”
Here's the TLDR:
quote:
“I think this lawsuit, this request for injunctive relief, is gonna be laughed out of court,” Pulliam said. “It kinda shows that you guys are an evil empire restricting competition, trying to crush people who won’t go along with the program.”
Full article for anyone who wants to read it. Full Article: tennesseestar website
This post was edited on 9/9/26 at 11:55 am
14
Posted on 9/9/26 at 11:50 am to Triple Bogey
quote:That would be somewhat valid if this somehow actually involved any of the basic precepts underpinning the 1st amendment.
He said the SEC’s argument essentially claims a First Amendment right not to associate with LSU while simultaneously asking a court to prevent LSU from going to court to defend itself.
But that's not the case. The SEC is a business, and has contractual obligations both within and outside the conference they must respect. You don't get to breach a contract with, say, ESPN and exclude a major element of the contractual obligation (LSU) by claiming some vague 1st amendment rights.
Not even Citizens United would support that line of thought. Sankey should have gotten a Vandy lawyer instead of ordering one from Temu.
Posted on 9/9/26 at 11:51 am to Triple Bogey
Like I said in the other thread, it going to take some dubious legal judgments for the judge in this preliminary hearing to not throw this lawsuit out today.
Posted on 9/9/26 at 11:53 am to Triple Bogey
quote:
“This idea that you’re so afraid that LSU has a winning legal argument that would prevent you from doing what you’re intending to do, that the only way to solve that is to get a court to tell them you can’t file any lawsuits,” Pulliam said. “That almost admits that what you’re doing is wrong.”
And I want LSU to push this to the fricking max. What Sankey and the SEC have done here is tried to obliterate the value of LSU’s brand by making them the whipping boy for the NCAA’s moving goalposts and confusing rules.
Posted on 9/9/26 at 11:54 am to Dotarian
quote:
That would be somewhat valid if this somehow actually involved any of the basic precepts underpinning the 1st amendment.
The only way I can remotely see it having any legs is that they could claim the state of La through court systems is effectively suppressing their right to expression by issuing tros, but even that doesn't really make sense.
1A ONLY applies to your rights when it comes to not having oppression by the government. Just like it's not a 1a/freedom of speech issue if a company fired you for social media posts that they don't like. You can't just say oh they violated my freedom of expression.
The whole thing makes no sense
Posted on 9/9/26 at 11:55 am to Triple Bogey
[quote]trying to crush people who won’t go along with the program.”[/
Yes!
Ole Miss is helping guide LSU out of the league when they have a QB playing the SEC and NCAA says is ineligible.
Yes!
Ole Miss is helping guide LSU out of the league when they have a QB playing the SEC and NCAA says is ineligible.
Posted on 9/9/26 at 11:57 am to Triple Bogey
Our company attorney said a similar thing. However, they said there is precedence to grant a TRO with poor merit and then throw it out at the injunction hearing. He said that is the most likely scenario unless the judge today is very impartial and expels the suit entirely. But he wasn't too confident in that happening based upon precedent for TROs being granted with very little to no merit.
Posted on 9/9/26 at 11:58 am to Triple Bogey
Of course it will. It’s about setting a precedent for regaining authority to govern the conference. It’s out of control right now and I think everyone would admit it. LSU just happens to be the example they are going to use.
Posted on 9/9/26 at 11:59 am to Triple Bogey
quote:Why is no one else seeing this?
“I think this lawsuit, this request for injunctive relief, is gonna be laughed out of court,” Pulliam said. “It kinda shows that you guys are an evil empire restricting competition, trying to crush people who won’t go along with the program.”
Posted on 9/9/26 at 11:59 am to Triple Bogey
Lack of institutional control! What does that even mean?
Did Penn state have institutional control when Joe Paterno was allowing small kids to be raped by his friends? No.
Did they get voted out of the ncaa ? No
Did Penn state have institutional control when Joe Paterno was allowing small kids to be raped by his friends? No.
Did they get voted out of the ncaa ? No
Posted on 9/9/26 at 12:00 pm to Dotarian
So you claim that the union is unbreakable because of what amounts to interconnectedness and counter party harm? Honest and not a gotcha question?
Posted on 9/9/26 at 12:00 pm to Triple Bogey
The SEC was/is stupid for going forward with this. Nothing good can come of it.
They showed their hand with the expulsion threat and are now backing off because of how stupid it is.
They showed their hand with the expulsion threat and are now backing off because of how stupid it is.
Posted on 9/9/26 at 12:03 pm to IM_4_LSU
Another reason all of the saber rattling was largely a bluff/leverage play. Even if they get the TRO today, if they acted on it tomorrow and expelled LSU they would leave themselves open to insane liability if it was overturned at the injunction hearing or on appeal. Both of which would be, if not likely, at least unsurprising.
Posted on 9/9/26 at 12:04 pm to KiwiHead
quote:Not sure what you mean by those terms, but here goes...
So you claim that the union is unbreakable because of what amounts to interconnectedness and counter party harm? Honest and not a gotcha question?
I claim that the SEC is organized as - and operates as - a business. It has signed legally binding contracts with media organizations to provide a "product" that has very specific contractual obligations.'
They are free to breach that contract if they want, but no judge with two functioning brain cells is going to protect that decision from lawsuits on 1A grounds.
Posted on 9/9/26 at 12:11 pm to tigerfan88
100%. The case would be thrown out at the injunction hearing.
Posted on 9/9/26 at 12:12 pm to Triple Bogey
Posted on 9/9/26 at 12:16 pm to Triple Bogey
This suit would be promptly kicked out of most courts, but don’t ignore the venue. There is a reason why the SEC forum shopped this to the Northern District of Alabama. Same reason why Donald Trump was tried in Manhattan.
Posted on 9/9/26 at 12:17 pm to Triple Bogey
Isn't the SEC under the NCAA?
Is LSU within the NCAA rules?
It would be interesting if the NCAA voted to expel the SEC and thus preventing all programs from playing in NCAA playoffs and tournaments.
Is LSU within the NCAA rules?
It would be interesting if the NCAA voted to expel the SEC and thus preventing all programs from playing in NCAA playoffs and tournaments.
Posted on 9/9/26 at 12:19 pm to geauxpurple
Haven’t seen it confirmed yet, but the judge is supposedly neighbors with the SEC COO who graduated from Ole Miss
quote:
Charlie Hussey (SEC Deputy Commissioner) graduated from the University of Mississippi (Ole Miss) in 1999, where he earned a Bachelor of Business Administration.
This post was edited on 9/9/26 at 12:21 pm
Posted on 9/9/26 at 12:20 pm to Triple Bogey
How can someone not be allowed to defend themselves??
And why are they asking permission to be able to kick any school out? Can’t the sec just vote on kick a school out or no??
And why are they asking permission to be able to kick any school out? Can’t the sec just vote on kick a school out or no??
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