Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Government affecting the media
The first amendment freedom of speech
Limitations on free speech
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Government affecting the media
Facts of the Case: The plaintiff, Wisconsin Interscholastic Athletic Association (WIAA) filed a civil suit against Gannett Co, Inc. (defendant) over the exclusive rights & licensing to broadcast entire tournament games within the athletic association’s junior high and high school programs. The WIAA has a contract with American-HiFi, which gives video production company exclusive rights to stream & broadcast the various sporting events that the WIAA puts on. However, Gannett Co., Inc. newspapers disregarded the existing contract and streamed four WIAA tournament games without obtaining consent or paying the fee required by the WIAA. The defendant did so because they believed that the existing contract between the WIAA and American-HiFi violated Gannett’s First Amendment rights to broadcast the various athletic events.
Legal Issue(s): Constitutional Law; Bill of Rights, Freedom of Speech, Free Press. This is a case of whether or not the WIAA’s licensing agreements contract violated Gannett’s First Amendment rights to broadcast the tournament games that the WIAA put on.
Court’s Decision: This case was decided without going to trial by three judges and they decided in favor
…show more content…
The fact that they have exclusive licensing agreements with American-HiFi doesn’t violate any ‘supposed’ First Amendment rights that Gannett had to broadcast entire athletic performances. But it never denied Gannett Co., Inc. the right and freedom to report on, write about, and even show limited footage of these events in their various publications. The Constitution never guarantees rights to a full broadcast. While the WIAA is a part of the state government and therefore a government entity, the association has the right to produce, use, distribute, and license their sporting events as their product for both commercial and non-commercial
Hazelwood v. Kuhlmeier of 1987-1988 Background: At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. In May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper, he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. An article on divorce featured a student who blamed her father’s actions for her parents’ divorce.
VI. Opinion: Justice Fortas delivered the opinion of the Court. The Judgment of the Arizona Supreme Court is reversed and the matter remanded. Justices Black and White concurred with the Court’s opinion. Justice Harlan concurred in part and dissented in part; and Justice Stewart dissented based on his opinion that juvenile hearings are not the same as adversary proceedings.
The decision of the Supreme Court regarding the use of screening procedures to student athletes has been incorrect. . After an intense beginnin...
Change is inevitable in any institution today due to the ever changing environment in which institutions operate. Schools, firms, and other different institutions have witnessed significant changes in the recent years in order to adapt to the prevailing changing environment. Change is very important, but it has to be done with great care to avoid leading to unwanted consequences. This paper focuses on one of the recent regulation change which has been adopted by the NCAA.
Those who play popular and highly competitive college sports are treated unfairly. The colleges and universities with successful sports like football and basketball receive millions of dollars in television and ad space revenues, so do the National Collegiate Athletic Association, which is the governing body of big time college sports. Many coaches are also paid over $1 million per year. Meanwhile, the players that help the colleges receive these millions of dollars are forbidden to receive any gifts or money for their athletic achievements and performances. As a solution college athletes ...
Abstract: Collegiate athletes participating in the two revenue sports (football, men's basketball) sacrifice their time, education, and risk physical harm for their respected programs. The players are controlled by a governing body (NCAA) that dictates when they can show up to work, and when they cannot show up for work. They are restricted from making any substantial financial gains outside of their sports arena. These athletes receive no compensation for their efforts, while others prosper from their abilities. The athletes participating in the two revenue sports of college athletics, football and men's basketball should be compensated for their time, dedication, and work put forth in their respected sports.
In recent years, there have been many law cases that have influenced the world of sports. One case that had a direct impact on the sport of baseball was a case called Gionfriddo vs. Major League Baseball. In 2001, four former Major League Baseball players who played in the Major leagues between 1932 and 1948, Pete Coscarart, Dolph Camilli, Frankie Crosetti, and Al Gionfriddo filed suit against Major League Baseball (MLB), for violating their common law and statutory right of publicity by publishing data, statistics, photographs and video depictions of the players without their permission or compensation. This information was made available publicly through MLB’s website. The purpose of this case was to determine whether the published information constituted “commercial speech” under the First Amendment, entitling it to a reduced level
"O'Bannon v. National Collegiate Athletic Ass'nEyeglasses – Previously Viewed in Last 30." WestlawNext. N.p., 2 Feb. 2012. Web. 23 Apr. 2014. .
Reno v. ACLU is the 1997 landmark decision by the U.S. Supreme Court providing sweeping free speech protection on the Internet. Understandably, commentators from legal and political spheres have discussed the case in terms of familiar First Amendment issues, including precedents from telecommunications law, the long-recognized exception to free speech for "obscenity," and concern for the exposure of children to inappropriate materials.
The National Collegiate Athletic Association (NCAA) is a voluntary association of colleges and universities, run by President and staffed by several hundred employees. The goals of the organization are specific to the studentathlete: to promote college athletics, to prepare the athlete for a lifetime of leadership, and to provide funding to help accomplish these goals. The National Association of Intercollegiate Athletics (NAIA) comprises about 300 mostly smallsize institutions, many of which emphasize the link between education and athletics more strongly than revenue generation. The NALA was formed to regulate intercollegiate basketball, but late changed in 1952.
All of The Pitt News’ revenue is derived from advertising. Act 199 applied to any "publication published by, for or in behalf of any educational institution". It broadly covered publication "through the medium of radio broadcast, television broadcast, newspapers, periodicals or other publication, outdoor advertisement, any form of electronic transmission or any other printed or graphic matter, including booklets, flyers or cards, or on the product label or attachment itself." The Pitt News filed a First Amendment challenge against Gerald Pappert, who was the Attorney General of the state of Pennsylvania, and other state officials. The US District Court of appeals applied the Central Hudson test and held that the statute is unconstitutional. The Court summarized this test, quoting from Central Hudson: "First, ``we must determine whether the expression is protected by the First Amendment, ´´ and this means that “it at least must concern lawful activity and not be misleading. ´´ ... Second, ``we ask whether the asserted governmental interest is substantial. ´´
The NCAA has used the ideal of amateurism to shape its athletes which forbids student athletes
Being a part of the sports industry does come along with a lot of responsibilities and limitations. One of the bigger First Amendment issues in sports today involves the freedom of speech and the use of social media by student-athletes as well as monitoring and/or prohibiting the use of social media by the athletic departments. The First Amendment to the United States Constitution states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therefore; or abridging the freedom of speech, or of the personal or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The Fourteenth Amendment addresses the equal protection of the laws for everyone that is born or naturalized in the United States. No state has the right to deprive anyone of life and liberty. College is a place where students can communicate and express themselves in new and different ways, unless you are a student athlete at NCAA.
The National Collegiate Athletic Association or whats more commonly referred to as the NCAA, they are the governing body in charge of regulating the athletes of the 1,117 institutions that fall under their control (NCAA.com). They are a nonprofit organization that in the 2016-2017 fiscal year had $1.06 billion in revenue.
As media exposure grew over the years there were a number of Universities that were against the NCAA controlling the television market. Schools felt that the NCAA limited their exposure, and strained the potential possibilities of other revenue streams synthesized with broadcasting. This led to sixty-one schools forming the College Football Association (CFA) in 1976. Members under the NCAA TV guidelines threatened to abscond from the NCAA; and battled the National Collegiate Athletic Association in court for the right to sell their own games for display. In 1984 the supreme-court ruled in favor of the CFA, and athletic events were solely the property of the schools. Although the NCAA lost their privilege to sell college games, they still had owned the rights to men’s Division 1 Basketball tournament, and formed a partnership with CBS in 1995. College football was growing at a rapid pace and fans were growing by the thousands. Soon the television market began to grow, which led to the decline of the print, and radio