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High School Sports Recruiting Limited (by Supreme Court)
Las Vegas Sun ^
| 21 Jun
| Mark Sherman
Posted on 06/23/2007 6:25:35 AM PDT by xzins
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Games have rules, wrote Justice John Paul Stevens in the unanimous decision. "It is only fair that Brentwood follow them."
Pretty well sums it up for me. Private and parochial schools must follow recruiting rules of their sport. Change the rules if they don't like them.
1
posted on
06/23/2007 6:25:39 AM PDT
by
xzins
To: P-Marlowe; jude24; blue-duncan
I’m surprised this got to the Supreme Court. Are you?
2
posted on
06/23/2007 6:26:18 AM PDT
by
xzins
(Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
To: xzins
With all the important legal issues that need to be cleared up...once and for all....the SCOTUS is ruling on high school football?!?!
3
posted on
06/23/2007 6:30:23 AM PDT
by
Gay State Conservative
("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
To: Gay State Conservative
That really struck me about this one. It seems a pretty easy response too....sports have rules, so follow them.
Or start your own association.
4
posted on
06/23/2007 6:31:53 AM PDT
by
xzins
(Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
To: xzins
If it got there as a result of a circuit split, not.
5
posted on
06/23/2007 6:33:01 AM PDT
by
drlevy88
To: xzins
I don’t care for Stevens’ moralizing, but good call. Even if the association is quasi-governmental, we have a long tradition that free speech has limits when dealing with children. We can restrict children from seeing certain kind of movies, restrict them from wearing t-shirts with nasty sayings while in school, and so forth.
To: drlevy88
A federal appeals court later ruled in favor of the school, saying the letter amounted to protected speech under the First Amendment. That ruling would prevent all high school associations from enforcing recruiting rules, lawyers for the state athletic association said.
What circuit handles Tennessee?
7
posted on
06/23/2007 6:34:57 AM PDT
by
xzins
(Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
To: xzins; P-Marlowe
A little - it’s an interesting 1A question, but seems like an odd case to grant certiorari to. My best guess is that the Sixth Circuit just got it wrong.
8
posted on
06/23/2007 6:36:21 AM PDT
by
jude24
To: Our man in washington
And schools aren’t total “free speech” zones, either.
Why not protest some other rule of the Tenn HS athlet assoc?
Why not protest 4 downs instead of 5 on a team’s possession? Why not protest 3 officials instead of 2 at a HS basketball game?
It’s silly, imho.
9
posted on
06/23/2007 6:37:32 AM PDT
by
xzins
(Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
To: xzins
I strongly support the free speech rights of individuals in the public square, but I have to say that an organization that you voluntarily join should be able to have rules of behavior that define the organization. I see this in the same category as a group like the Boy Scouts being allowed to prohibit promotion of theft, as it violates the Scouts Oath, or a church being allowed to prohibit an earth-worshipper from using church materials to explain how there is no “god the father”, only Mother Earth. If the Brentwood group feels that recruiting of 8th graders is a good idea, they can find other like-minded people, start another athletic association that allows it, and see if enough people support and make it viable. That’s the power of the marketplace of ideas at work.
10
posted on
06/23/2007 6:38:10 AM PDT
by
Kay Ludlow
(Free market, but cautious about what I support with my dollars)
To: jude24
Does the Scotus have to rule if a circuit gets it wrong? Can’t they just tell them they got it wrong...do it over?
11
posted on
06/23/2007 6:38:54 AM PDT
by
xzins
(Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
To: xzins
Does the Scotus have to rule if a circuit gets it wrong? Cant they just tell them they got it wrong...do it over? That's usually what SCOTUS does - tells them they got it wrong, here's why, and "remand for further proceedings consistent with this opinion."
12
posted on
06/23/2007 6:46:30 AM PDT
by
jude24
To: xzins
To: Congressman Billybob
LOL! I hadn’t seen that. Thanks for the chuckle.
Perhaps you could send him a brief to that effect. :>)
I’ll check out your article. They are always excellent.
14
posted on
06/23/2007 7:10:42 AM PDT
by
xzins
(Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
To: xzins
IF the association bans schools from recruiting “prospective” students, then fine; but why is it wrong for a school to send letters to already accepted students who are, by definition, no longer prospects? I’m not a lawyer, didn’t stay in a Holiday Inn last night, but this ruling makes no sense to me.
15
posted on
06/23/2007 8:12:17 AM PDT
by
miele man
(Continually voting against iodine deficient libs for 42 years)
To: jude24; xzins; blue-duncan
Here’s the short version:
Brentwood had voluntarily joined TSSAA and agreed to abide by its rules.
The Supreme Court said the TSSAA action did not violate free speech rights.
Duh.
Unfortunately the Supreme Court opinion is filled with bluster and is almost unreadable. Why can’t the court just issue an opinion without pontificating for pages on end?
It took the Supreme Court 19 pages to state the obvious.
What is really scarry is how this thing managed to get to the Supreme Court TWICE!
16
posted on
06/23/2007 8:19:02 AM PDT
by
P-Marlowe
(LPFOKETT GAHCOEEP-w/o*)
To: miele man; P-Marlowe
The association bars schools from contacting prospective students about their sports programs.
That's the HS rules in Tennessee. The court says it doesn't violate free speech to have to abide by the rules.
It is the ABOUT SPORTS that is a violation
17
posted on
06/23/2007 8:58:13 AM PDT
by
xzins
(Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
To: P-Marlowe
Brentwood had voluntarily joined TSSAA and agreed to abide by its rules. Brentwood is free to associate or disassociate. Anarchy would reign if joining an organization meant make your own rules.
To: Gay State Conservative
With all the important legal issues that need to be cleared up...once and for all....the SCOTUS is ruling on high school football?!?!
Your right John Roberts has been a disappointment. Can’t seem to get the role and it’s improtance. Sad isn’t it. Maybe he is too young and immature. I think they should have chosen Sam Alito who is older and wiser.
To: napscoordinator
Your right John Roberts has been a disappointment. Cant seem to get the role and its importance. Sad isnt it. Is it the Chief Justice that determines what cases the court accepts and rejects? I thought it was a vote by the justices that determined that...although I certainly could be wrong.
20
posted on
06/23/2007 9:58:01 AM PDT
by
Gay State Conservative
("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
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