The First Amendment to the United States Constitution states, Congress shall make no law respecting an...

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The First Amendment to the United States Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Section One of the Fourteenth Amendment to the United States Constitution states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Some NCAA Division I schools require student-athletes to give up their right to free speech by banning the use of social media as a condition of playing a sport and receiving an athletic scholarship. Alternatively, many collegiate athletic departments monitor the social media of student-athletes, and track social media activity of the student-athletes. Some student-athletes have argued against the bans and/or against the monitoring of their social media activity, stating that they are being treated differently from non student-athletes (whose social media activity is not banned or monitored) at their colleges or universities. Discuss each of the following questions: 1. Is this a permissible curtailment of a First Amendment right? Why or not? 2. Is this a permissible classification under the Equal Protection Clause of the Fourteenth Amendment? Why or not? 3. Are there contractual issues involved? If so, what are they? If not, why not? 4. Are your answers to the questions different for student-athletes at Villanova University (a private university) than they are for student-athletes at the University of North Carolina (a public university)? If so, why? If not, why not? The First Amendment to the United States Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Section One of the Fourteenth Amendment to the United States Constitution states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Some NCAA Division I schools require student-athletes to give up their right to free speech by banning the use of social media as a condition of playing a sport and receiving an athletic scholarship. Alternatively, many collegiate athletic departments monitor the social media of student-athletes, and track social media activity of the student-athletes. Some student-athletes have argued against the bans and/or against the monitoring of their social media activity, stating that they are being treated differently from non student-athletes (whose social media activity is not banned or monitored) at their colleges or universities. Discuss each of the following questions: 1. Is this a permissible curtailment of a First Amendment right? Why or not? 2. Is this a permissible classification under the Equal Protection Clause of the Fourteenth Amendment? Why or not? 3. Are there contractual issues involved? If so, what are they? If not, why not? 4. Are your answers to the questions different for student-athletes at Villanova University (a private university) than they are for student-athletes at the University of North Carolina (a public university)? If so, why? If not, why not?

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Is this a permissible curtailment of a First Amendment right Why or not In my point of view the case study expresses a nonpermissible curtailment of the First Amendment Rights of the studentsathletes ... View the full answer