School Naming Rights and the First Amendment's Perfect Storm

Joseph Blocher

Duke University - School of Law

Georgetown Law Journal, Vol. 96, 2007

In the past five years, public schools across the country have begun to explore a new avenue of fundraising: selling naming rights to school facilities. The popularity and monetary value of these sales, however, only highlights the importance of the First Amendment concerns they raise. This Article uses school naming rights as a lens through which to examine the conflicts between government speech, commercial speech, and forum analysis, three categories of First Amendment analysis that are simultaneously and problematically implicated by school naming rights sales. Courts and scholars have long noted the internal ambiguities within these three categories, but have not yet explored the sometimes irreconcilable conflicts among them. As the growth of school naming rights shows, government sponsorship arrangements collapse many of the artificial divisions between the First Amendment's categories, and demonstrated the need for a better understanding of the categories' interactions. This Article identifies — and attempts to resolve — some of the border disputes between these poorly defined and increasingly important areas of First Amendment law.

Number of Pages in PDF File: 59

Keywords: First Amendment, Commercial Speech, Government Speech, School Law

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Date posted: March 14, 2007  

Suggested Citation

Blocher, Joseph, School Naming Rights and the First Amendment's Perfect Storm. Georgetown Law Journal, Vol. 96, 2007. Available at SSRN: http://ssrn.com/abstract=970964

Contact Information

Joseph Blocher (Contact Author)
Duke University - School of Law ( email )
210 Science Drive
Box 90362
Durham, NC 27708
United States
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