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Look at it from this point of view. In a job, you are ethically bound to your employer. Now, you go talk to another company. You could be sharing secrets about your employer, you could be discussing coming to work with them, or you could just be making a new friend. Your employer has every right and is legally allowed to punish you for those actions. That's not a violation of the first amendment, that's for breaking policy that is set in place. It's really no different because the NCAA is a corporation.
I did. I see it as he is both saying it and posting the article that is reinforcing what he is saying.
I was reminded what an incredible player he really was and the media frenzy around him. Sad story overall but I thought it was cool that his goal as a player wasn't $ but to be an example for kids especially from Ytown. He has an incredibly compelling story, one that should be told to every college football player.
yeah but you see that's the problem:
We, as fans, fall under that agreement.
We as fans do not fall under that agreement. None of us signed a contract with the NCAA. What you are talking about is member athletes speaking to fans, which yes, since they did sign a contract, they can police. But for any normal fan the NCAA has no right to bar freedom of speech. This is what Bailey is saying in his tweet.
Not bailey, read the actual article...He is just posting an article from someone else.
I also said not to do it. I agree with that part.
My point is that Bailey is saying that it's a violation of NCAA rules. I realize that in the rule books it may say that but there is no way NCAA can police it because when you break down the legal right of one person to speak to another it reverts back to freedom of speech. The NCAA would never win that legal argument.
A contract supersedes any rights, perceived or real. The member institutions of the NCAA agreed, in a contract, that no person shall act on their behalf to influence a recruit. We, as fans, fall under that agreement. Is it enforceable? No, probably not, and it probably shouldn't be due to massive effort required for something so ridiculous. But in most contracts in most companies, there are always clauses about conduct detrimental to the company, or something similar. You have a right to free speech, yes, but you bear the burden of the ramifications of what you say. Companies can regulate what their members/employees say. Congress isn't going to legislate against it, because they can't. The NCAA can. They're not superseding the Constitution, they're entitled to enforce the powers and duties given to it under the agreement with the member institutions.
Question: (don't get any ideas) but ...
is it illegal by NCAA rules to post a message about (or to) a recruit on a highway billboard?
if so I don't see how tweeting is different and
the NCAA could police it by starting with the most egregious offenders
and making examples of them.
What this guy said. Just don't tweet recruits. While you may think they love the attention because they favorite your tweet or retweet it, it's still creepy and only leads to people being extremely rude and abusive towards them if they choose a different team. Nothing that you say will help sway them towards going to any school so what's the point?
Ok, I get what you are saying but... no. There is no way at all the NCAA can ever limit my right to free speech, which is applies to every citizen in the United States not just those in government incursions, to speak to anyone else. Be it college recruits, football coaches, politicians, etc. I have the right to speak to whomever I wish to no matter which organization the other person may be in. The NCAA has the right to bar member athletes from receiving illicit benefits but it does not have the right to bar anyone who is not a member from specking to those member athletes. They are not a government body that can supersede the Bill of Rights.
The First Amendment applies only to government incursions. The NCAA is a business and can set whatever rules it likes for its member institutions, which have agreed to abide by its rules. Whether those rules make sense is a different issue, of course.
Lets keep it in perspective this all came about by "who?' completely speculating on on where?- someone's? 'who's?' Internet radio show. --------------upvote here to delete this thread---------
Sounds like Kyle Bailey needs a lesson in constitutional rights before he spouts off again.
I don't advise doing it. I think it's a rookie move, but seriously there is absolutely no way the NCAA can police this. The NCAA has absolutely no power to tell anyone not to talk to anyone else. Top on the list of reasons why NCAA has zero chance of enforcing this: Freedom of Speech. You can talk to whoever you want. However, if you offer something to recruits then it's crossing the line.
*sigh*
You can tell Bud loves every bit about being DC at VT. It is still a lateral move. He is already a legend in Blacksburg- he would have the potential to one of many in South Bend. This is all 'malarkey' (thanks JB)
This would be brilliant for Notre Dame. They get the best defensive coordinator in the history of the universe to complement Brian Kelly's offense and they give him a collection of the biggest strongest fastest and most talented defensive players in the country year in and year out? Dynastic.
But of course #nobudddontgo
i miss Danny Coale dammit
The letter of the law might not be broken but the spirit is trounced on by tweeting
Merry Christmas!
Agreed. These are high-school kids, and they've got enough pressure on them to decide where they are going to college without a bunch of biased sports fans schmoozing with them from afar. Not to mention the fact that these kids are total strangers to you - totally creepy.
While I don't agree with tweeting recruits, looking at their twitter page to see if there are updates about recruitment or if they are in contact with current players is fine.
The NCAA can't do dick about this. Recruits can't be penalized for getting talked at, and the NCAA has no way of punishing fans. It's a meaningless rule that is entirely unenforceable.
This is what I miss from 2010**:
Those jerseys, and that RB trio.
Edit: I'm an idiot. 2011 was good, too.
That was 2010.
I really like Lundquist. That guy is classic. Booth analysts: Herbie > Lundquist > Tessitore > Rece > > Palmer > Pollack > > Musburger, Millen, and Danielson. If I could get a Herbie as the color guy, Lundquist as the play by play and Rece as the moderator, I'd be the happiest football watcher ever
yes, I completely agree. But you are still talking about someone who is under contract. I, as a fan, have never signed a contract with the NCAA. They cannot limit or bar me from speaking to anyone I want, right? For any and all athletes that have signed a contract with them they can do that, but for me, not a chance.