Ambushing NIL Restrictions: How NIL "Conflict Language" Policies Conflict with the First Amendment

Ehrlich, Sam C. & Ternes, Neal C.

Journal: Cardozo Arts & Entertainment Law Journal

Volume: 41

First Page: 859

Year: 2023

Bluebook Citation: 41 CARDOZO ARTS & ENT. L.J. 859 (2023)

Author: Sam C. Ehrlich: all 11 publications


Abstract

The article argues that state NIL (Name, Image, and Likeness) laws and institutional policies restricting college athletes from signing sponsorship deals conflicting with school sponsors infringe upon athletes' First Amendment rights. These restrictions, often broad and imprecise, fail to meet constitutional standards, particularly under the Central Hudson test for commercial speech, and risk being struck down as unconstitutional prior restraints.

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