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59 Mercer L. Rev. 1027 (2006-2008)
Signed, Your Coach: Restricting Speech in Athletic Recruiting in Tennessee Secondary School Athletic Ass'n v. Brentwood Academy

handle is hein.journals/mercer59 and id is 1037 raw text is: Casenote

Signed, Your Coach: Restricting Speech in
Athletic Recruiting in Tennessee Secondary
School Athletic Ass'n v. Brentwood Academy
I. INTRODUCTION
In Tennessee Secondary School Athletic Ass'n v. Brentwood Academy
(Brentwood I/,),1 the United States Supreme Court unanimously held
that an athletic association may enforce its anti-undue-influence
recruiting policy, restricting the speech of its voluntary member schools,
to avoid undue influence on young student athletes during the recruit-
ment process.2 In reaching its holding, the Court extended two lines of
First Amendment jurisprudence.     First, the Court extended the
application of Ohralik v. Ohio State Bar Ass'n3 to a context other than
attorney-client solicitation for the first time.4 In doing so, the Court
held that the possibility of undue influence in athletic recruiting was
analogous to that in attorney-client solicitation and harmful enough to
1. 127 S. Ct. 2489 (2007).
2. Id. at 2496.
3. 436 U.S. 447 (1978).
4. Brentwood II, 127 S. Ct. at 2494-95.

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