Crackdown on Athlete Twitter Use Points Up Frustration, May Violate 1st Amendment
August 31st, 2010 |
The University of North Carolina seems to be cracking down on social networking abuses in the wake of last week’s news that UNC’s football team was under investigation for “academic misconduct.” According to ESPN’s College Nation Basketball Blog, team captain Marvin “Austin, who has been questioned by the NCAA about improper contact with agents, posted around 2,400 (Twitter) messages, including ones of him buying designer sunglasses and running up a $143 bill at Cheesecake Factory.” Others have been engaged in questionable conduct as well.
UNC has announced an update to the social networking policies (which it says are not related to any one thing) in its Student-Athlete Handbook, according to a column today by Tim Gardner on USA TODAY’s “Campus Rivalry” site. Gardner goes on to quote a story in The (Raleigh, N.C.) News & Observer in which reporter Robbi Pickeral reports “each team must identify at least one coach or administrator who is responsible for having access to and regularly monitor the content of team members’ social networking sites and postings.”
Pickeral writes that the updated handbook now requires if an “athlete’s online content violates the law or NCAA, University or athletic department policies, sanctions could range from removal of the posting to dismissal from the team.”
We are seeing harsher and harsher social networking policies across all industries and organizations. While it’s understandable that athletic officials might want to control unauthorized and damaging communications, much of what came out in the UNC case seems to be truthful but embarrassing. One could argue that the “solution” is for people not to behave immorally, illegally or in violation of university or NCAA rules in the first place, rather than try to stop athletes from tweeting about their indiscretions.
But when do social media bans or excessive controls (whatever those are) affect 1st Amendment freedoms? The NHL, NFL and NBA have all instituted Twitter bans at times when the use of sites like Twitter and Facebook would affect or interfere with game play. That seems entirely reasonable. Professional sports teams are businesses. “Regular businesses” generally have in their “Standards of Business Conduct” bans against representing the company in a bad light, divulging confidential information, and failing to use company time for the purpose for which the employee was hired. Professional athletes could potentially do all of these things with the misuse of Twitter.
But are there rules against acting like an idiot? Expressing one’s opinion on a political party or candidate? Posting videos of cats doing silly things? Tweeting “Hi, mom!”? These things would seem to be protected by the First Amendment and could hardly be seen as damaging to the organization. Will the latest UNC ban keep athletes off of Facebook and Twitter altogether? Is that unfair or unreasonable?
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