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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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