This powerpoint was created for Communication Law and Policy in the Fall of 2019 at the University of Nebraska Omaha.

1. THE FIRST AMENDMENT IN REGARD TO
COLLEGE ATHLETES AND SOCIAL MEDIA
Ethan Wolbach

2. Introduction
● 20 million college students as of Fall 2019
○ 14.7 million attend public colleges or universities
● All students are entitled to exercise their First Amendment Rights, however
school are increasingly cracking down on free speech nationwide
● College student athletes are feelings the effects
○ Crackdown on social media usage
○ Limited in their freedom of speech and expression
● Why?

3. Brief History
● There are certain restrictions to a students First Amendment Rights while in
school
○ Must abide by the school student code of conduct
● Tinker v. Des Moines 1969
○ Cannot limit speech unless disrupted education process
○ What determines disruption?
● Tatro v. Minnesota 2012
○ Students Facebook post about the science mortuary program
○ Violated the universities rules
● Similar to college athletes violating team rules

4. Recent Cases
● Vernonia School District v. Acton (1995)
○ Drug testing does not violate student athletes rights
● De La Haye v. University of Central Florida (2018)
○ Football player removed from program for YouTube channel
● Ross v. Creighton (1992)
○ Relationship between student and university is professional in nature

5. Law Review Analysis
● College student athletes voluntarily participate in athletic programs
○ Should within reason, expect intrusions on their rights
○ Potential collegiate athletes should know stipulations before signing
■ Less privacy and freedoms
● Professional relationship between university and college athletes
○ Represent the university in the public eye
○ Similar to employees at a business
● If college athletes want the same rights as other students…
○ They must forego their voluntary participation in athletic program

6. Conclusion
● Stipulations when student becomes student athlete
● Technology and social media will continue to evolve
○ Universities will continue to strengthen grip of student athletes
● The NCAA is one of the most regulated organizations at the college level
○ Collegiate programs are ran like a business
○ Student athletes are “employee”

7. References
Behrmann, John Ryan (2018). Speak Your Mind and Ride The Pine: Examining The Constitutionality Of University-Imposed
Social Media Bans On Student-Athletes. Jeffrey S. Moorad Sports Law Journal, 25, 51. Retrieved from
https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=1364&context=mslj
Bush, William (2014). What You Sign Up For: Public University Restrictions on "Professional" Student Speech After Tatro v.
University of Minnesota. Washington and Lee Journal of Civil Rights and Social Justice, 20, 547. Retrieved from
http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1382&context=crsj
De La Hay v. Univ. of Central Florida, 11th Circuit (United States District Court, 2017, Filed). Retrieved from
https://goldwaterinstitute.org/wp-content/uploads/2018/07/Order-Denying-UCF-Motion-to-Dismiss-Count-I.pdf.
Goodman, Mark (2019) Ch. 7 Regulating Student Expression. W. Wat Hopkins Communication and the law. (pp. 119-124)
Northport, Alabama: Vision Press.
Layshock v. Hermitage Sch. Dist., 650 F.3d 205, 2011 U.S. App. (United States Court of Appeals for the Third Circuit) June
13, 2011. Retrieved from https://casetext.com/case/layshock-v-hermitage-school-dist-2.
NCES Fast Facts Tool provides quick answers to many education questions (National Center for Education Statistics). (2019).
Retrieved from https://nces.ed.gov/fastfacts/display.asp?id=372#College_enrollment.

8. References
Papandrea, Mary-Rose (May, 2017). ARTICLE: The Free Speech Rights of University Students. Minnesota Law Review, 101,
1801. Retrieved from https://www.minnesotalawreview.org/wp-content/uploads/2017/05/Papandrea.pdf
Penrose, Meg (Special, 2013). ARTICLE: Outspoken: Social Media And The Modern College athlete. The John Marshall Law
School Review of Intellectual Property Law, 12, 509. Retrieved from
https://repository.jmls.edu/cgi/viewcontent.cgi?article=1306&context=ripl
Ross v. Creighton University, 957 F.2d 410, 1992 U.S. App. LEXIS 3038 (United States Court of Appeals for the Seventh
Circuit March 2, 1992, Decided). Retrieved from https://law.resource.org/pub/us/case/reporter/F2/957/957.F2d.410.90-
2509.html.
States News Service. (October 29, 2019 Tuesday). NCAA delivers a big win to student-athletes. States News Service. Retrieved
from https://goldwaterinstitute.org/article/ncaa-delivers-a-big-win-to-student-athletes/
Tatro v. Univ. of Minn., 800 N.W.2d 811, 2011 Minn. App. LEXIS 87 (Court of Appeals of Minnesota July 11, 2011, Filed).
Retrieved from https://casetext.com/case/tatro-v-university-of-minnesota-1.