Thursday, December 3, 2015
Meg Mary Margaret Penrose, Texas A&M University School of Law, has published Tinkering with Success: College Athletes, Social Media and the First Amendment at 35 Pace Law Review 30 (2014). Here is the 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.
Download the article from SSRN at the link.