Posted by Eugene Volokh:
NCAA Meets Facebook:
http://volokh.com/archives/archive_2009_04_12-2009_04_18.shtml#1239688095
From the [1]Associated Press:
Taylor Moseley, a North Carolina State freshman who expressed a
common-enough opinion on campus when he started the Facebook group
called "John Wall PLEASE come to NC STATE!!!!"
More than 700 people signed up for the group encouraging Wall � a
local standout and the nation's No. 1 basketball recruit � to pick
the Wolfpack by national signing day next week.
But the NCAA says such sites, and dozens more like them wooing Wall
and other top recruits, violate its rules. More than just
cheerleading boards, the NCAA says the sites are an attempt to
influence the college choice of a recruit.
Moseley got a cease and desist letter from N.C. State's compliance
director, Michelle Lee, warning of "further action" if he failed to
comply. In an interview Friday, Lee said that people who act as
boosters but fail to follow recruiting guidelines could face
penalties such as being denied tickets or even being formally
"disassociated" from the athletic program.
Adam Kissel, director of the Individual Rights Defense Program at
the Foundation for Individual Rights in Education, said the NCAA
can impose rules on its member colleges. But universities -�
especially public ones -� can't enforce them if it means punishing
students in any way for expressing an opinion.
"A student doesn't lose First Amendment rights because of a
contract the university signs with (the NCAA)," he said....
I'm with Kissel (and Aden Fine of the ACLU, also quoted) on this.
Thanks to Ben Riley for the pointer.
References
1.
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/04/10/sports/s133445D67.DTL&tsp=1
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