Blogger's ejection may mean suit for NCAA

A press box eviction for blogging about a game in progress stirs debate about First Amendment and intellectual property rights.
The New York Times

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[247mark]

Free Speech? Contract.

Free speech would apply to government regulation of speech, not contracts between two private parties, namely the NCAA and the Courier-Journal. Bennie Ivory's contention that this is a free speech issue appears to be inaccurate. If NCAA rents the location, then NCAA presumably is allowed to control what does and does not occur during the rental period. Look to the rental agreement. Then look to the NCAA's press agreements. If this conduct is prohibited under the press credentials (assuming this guy had press credentials), NCAA prevails. The press is very protective of their First Amendment rights (and rightfully so) but First Amendment rights do not apply every single time a reporter wants to open his or her mouth.

[sanenazok]

That's why they haven't sued yet

I think the issue of government involvement is what they're looking at right now. I think it would be horrible if the press got to do what it wants where it wants just because of the first amendment. If they want a play by play account, they should just watch the game on TV at their own location...

[gggg sssss]

NCAA

meet MPAA and RIAA

Whats with these AAs anyway. Morons AA??

[tcgathens]

Throw That Blogger Out of the Pressbox!

Abstracted from my post at
<a class="jive-link-external" href="http://www.controlscaddy.com/A55A69/bccaddyblog.nsf/plinks/CBYE-74AGYN" target="_newWindow">http://www.controlscaddy.com/A55A69/bccaddyblog.nsf/plinks/CBYE-74AGYN</a>

"An important point about the Bennett situation is that the NCAA was in control of the event, not the University. The University had contractual obligations with the NCAA that had to be enforced. For Bennett, there was no restraint of free speech. What sportswriter has ever been blocked from writing what they want? Bennett was not required to submit his content for NCAA or university review before his articles were published in the newspaper. For the newspaper to file a lawsuit is absurd. They accepted their press credential(s) that had clear limitations and the contract was breached. So he was removed from the Press Box, as the rules agreed to said he would. Is is disingenuous for him or the newspaper to cry foul after the fact."