SEC Free Speech Violation?

[IAMSAM]

Serious question...

Per the SEC website: 

SEC Bylaws require that coaches and administrators refrain from public criticism of officials, as well as making public comments about any specific communications with the Conference office related to officiating.

Is this not a violation of the Constitution?  How can they legally silence (and penalize) free speech? 

[Show-Me Hog]

You can always voluntarily give up some of your rights, even Constitutional ones, by entering into certain employment situations.

Compare: non-compete clauses.
Compare: not disclosing company secrets.

It's essentially a condition of employment of being a sports coach in a particular organization or conference.

[IAMSAM]

Good point - But even I wasn't forced to (at two Fortune 100 companies -as a VP, IT) to sign anything.  Those clauses were/are tied to bonuses only.  When I went to work for a semi-competitor, I was told they know those clauses don't hold real water anymore and are more of a scare tactic. 

I'm not sure if what I was told is right, but several followed me and they did nothing.

The only other time my speech was restricted was when I had to sign a "gag order" when legal matters were at play. 

Just interesting - and I bet this SEC rule wouldn't hold water in a higher court.   This is a ban on expressing your opinion and not equivalent to  telling trade secrets or a matter of law. 

[animal]

I imagine from a legal perspective the SEC and other athletic conferences are treated as if there is a collective bargaining agreement just like in the pros even though in the NCAA there is and there isn't or it's a gray area. The student athlete signs of national letter of intent and I'm sure there are conditions and limitations etc. Same thing for coaches. So no you can't just criticize whom ever you please without it going badly for you. From a freedom of speech argument...taking it to court isn't going to win you basketball games in the future I can assure you.

[DirkPiggler]

The First Amendment protects you from having legal action taken against you by the government for your speech.  It does not mean that you cannot suffer the consequences of the things you say. 

A coach has the absolute right to say what he wants about officiating.  The league has the absolute right to punish a coach for making statements detrimental to its business. 

[Show-Me Hog]

The First Amendment protects you from having legal action taken against you by the government for your speech.  It does not mean that you cannot suffer the consequences of the things you say. 

A coach has the absolute right to say what he wants about officiating.  The league has the absolute right to punish a coach for making statements detrimental to its business. 

Public universities such as the UofA are governmental entities and have to abide by the First Amendment.

Not sure how that extrapolates when the university itself joins an organization such as the SEC. I would imagine it still applies.

[DirkPiggler]

Public universities such as the UofA are governmental entities and have to abide by the First Amendment.

Not sure how that extrapolates when the university itself joins an organization such as the SEC. I would imagine it still applies.

That's why Vanderbilt will always have a spot in the SEC.  Their presence allegedly keeps the league private.  Otherwise all their meetings, correspondence, business deals, etc would be subject to FOIA.

[buff2.0]

The 'C' stands for cartel

[Too Big Pig]

Free speech is not employable speech.

Muss can complain about the refs (or the government) and not be sent to jail.

He can not complain about the refs and avoid fines or termination.