Student Athlete Anti-Recruiting Rule Does Not Violate the First Amendment

7/18/07

A unanimous U.S. Supreme Court recently held that a rule prohibiting high school coaches from recruiting middle school athletes is constitutional. In Tennessee Secondary School Athletic Association v. Brentwood Academy, a private high school football coach solicited by letter particular eighth-grade males to participate in the high school's football spring practice sessions. In the letter, the coach stated that "getting involved as soon as possible would definitely be to [the student's] advantage" and signed "Your Coach" at the end of the letter.

 

All the eighth-grade males who were solicited had signed a contract indicating their intent to attend Brentwood, which is a private school. None of the boys, however, were enrolled at the high school. The Tennessee Secondary School Athletic Association (TSSAA), a not-for-profit voluntary association of Tennessee high schools that regulates interscholastic sports, decided that the pre-enrollment solicitation letters breached TSSAA's anti-recruiting rule and therefore sanctioned Brentwood.

 

Brentwood argued that the anti-recruiting rule violated the First Amendment of the United States Constitution. The Court disagreed emphasizing the rule does not restrict the school from advertising to the public by brochures, billboards, or other means about its athletics. Instead, it prevents undue influence and overreaching by prohibiting direct, personalized communications to potential student athletes. Because the anti-recruiting rule did not violate the First Amendment, the Court refused to overturn the sanctions imposed on Brentwood.