10 J. on Telecomm. & High Tech. L. 421 (2012)
What's Said in This Locker Room, Stays in This Locker Room: Restricting the Social Media Use of Collegiate Athletes and the Implications for Their Institutions

handle is hein.journals/jtelhtel10 and id is 439 raw text is: WHAT'S SAID IN THIS LOCKER ROOM,
STAYS IN THIS LOCKER ROOM:
RESTRICTING THE SOCIAL MEDIA USE
OF COLLEGIATE ATHLETES AND THE
IMPLICATIONS FOR THEIR
INSTITUTIONS
ZAK BROWN*
IN TRO D U CTIO N  ..................................................................................... 42 1
I. STU DEN T  SPEECH  ............................................................................... 423
A . Tinker and  its descendants .................................................... 423
B. The complexities of speech on college campuses ................. 426
C. Public  vs. private  institutions ................................................ 429
II. SOCIAL MEDIA, SPEECH AND COLLEGE SPORTS ................................ 432
A. Bridging the gap from traditional First Amendment
analysis  to  the  Internet ........................................................ 433
1. Borrowing from the Pickering balancing test ................. 433
2. First Amendment analysis of social media ..................... 434
III. EVALUATING   THE  CASES ................................................................. 436
Case No. 1: Oklahoma player suspended after Tweets
encouraging Austin residents to commit suicide ................ 436
Case No. 2: Kentucky player and coach squabble through
T w itter  ................................................................................ 4 37
Case No. 3: Texas kicks player off team after racist Facebook
p o sts  .................................................................................... 4 3 9
IV . LITIGATION  STRATEGIES ................................................................. 440
V . C ON CLUSION  .................................................................................... 443
INTRODUCTION
When Supreme Court Justice Byron White considered the question
*The author, a former sports writer, received his J.D. from the University of Colorado Law
School in 2012 and an undergraduate degree from the University of Colorado in 2004. In
return for their invaluable support and guidance during the process of writing this Note, the
author would like to thank his family, the University of Colorado NCAA Compliance Office
and Office of University Counsel, and CU Law Professors Helen Norton and Alan Canner.

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