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.
Recommended CitationMeg Penrose, Tinkering with Success: College Athletes, Social Media and the First Amendment, 35 Pace L. Rev. 30 (2014)
Available at: https://digitalcommons.pace.edu/plr/vol35/iss1/2