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

LoMonte, Frank D. & Hamrick, Virginia

Journal: Nebraska Law Review

Volume: 99

First Page: 86

Year: 2020

Bluebook Citation: 99 NEB. L. REV. 86 (2020)

Author: Frank D. Lomonte: all 24 publications


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

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