Running the Full-Court Press: How College Athletic Departments Unlawfully Restrict Athletes’ Rights to Speak to the News Media

Authors

Frank D. LoMonte, University of Florida, GainesvilleFollow
Virginia Hamrick, First Amendment Foundation, Tallahassee, Florida

Abstract

I. Introduction

II. The Code of Silence: Athletes Muzzled by Campus Speech Restrictions ... A. Abuse and Exploitation Proliferate in Silence ... B. Public University Athletic Departments Tightly Control Athletes’ Speech to the News Media

III. Campus and Workplace Speech Rights ... A. The First Amendment and Prior Restraints ... B. The First Amendment (Sometimes) Goes to College ... 1. Content-Based Punishment for Disruptive Speech ... 2. Prior Restraints in School Flunk the Constitutional Test ... C. The First Amendment (Sometimes) Works at Work

IV. Untying the Gags: Workplace Interview Bans Struck Down ... A. Employees Undefeated in Challenging Workplace Gags … B. The Dubious “Employee Status” of Athletes

V. The Constitutional Netherworld of Sports

VI. Media Gag Policies and Athletes’ Rights

VII. Conclusion

Recommended Citation

Frank D. LoMonte and Virginia Hamrick, Running the Full-Court Press: How College Athletic Departments Unlawfully Restrict Athletes’ Rights to Speak to the News Media, 99 Neb. L. Rev. 86 (2020)
Available at: https://digitalcommons.unl.edu/nlr/vol99/iss1/5