"Stick to Sports"? First Amendment Values and Limitations to Student-Athlete Expression. (June 2022)

• Record Type: Journal Article
• Authors: Park, Michael K.
• Is Part Of: Journalism & mass communication quarterly. Volume 99:Number 2(2022)
• Page Start: 515
• Page End: 537
• Publication Date: 2022-06
• Subjects: First Amendment -- student-athlete -- student speech -- education law -- freedom of expression; Journalism -- Periodicals; Mass media -- Periodicals; Communication -- Periodicals; Journalism -- United States -- Periodicals; Journalism -- Bibliography -- Periodicals; 070
• DOI: 10.1177/10776990211018757
• Languages: English
• ISSNs: 1077-6990

Abstract

The resurgence of political activism by student-athletes raises the specter of increased constitutional challenges to public university regulations on student-athlete speech. This article explores the special regulatory environment situating student-athletes and gleans the First Amendment values underpinning cases where student-athletes challenge institutional regulations on their freedom of expression. Analysis of the legal discourse suggests that courts are more likely to apply increased scrutiny to university officials' attempts to regulate expression on public issues versus speech that address personal or private matters. This article ends with some suggestions for practitioners and scholars to consider when evaluating regulations on student-athlete speech.