Tinkering with Success: College Athletes, Social Media and the First Amendment

42 Pages Posted: 21 Nov 2015

Date Written: 2014

Abstract

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author's opinion, these articles have lost perspective - constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

JEL Classification: K19, K39

Suggested Citation

Penrose, Meg Mary Margaret, Tinkering with Success: College Athletes, Social Media and the First Amendment (2014). 35 Pace L. Rev. 30 (2014). Available at SSRN: https://ssrn.com/abstract=2693362

Meg Mary Margaret Penrose (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

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