Simone Lawson
The US Constitution has been amended 27 times and has provided the Supreme Court with numerous opportunities to interpret its meaning in the context of sports law. The First Amendment, which guarantees freedom of speech, freedom of religion, and freedom of the press, has been applied to sports in several ways. For example, the right to freedom of speech allows citizens to disagree with decisions made by sports organisations or the government regarding sports. The First Amendment also protects the right of athletes to commercially exploit their likeness, name, and image, although this has been challenged by businesses making unlicensed uses of athletes' names and likenesses. The First Amendment's freedom of religion clauses are also relevant to sports, with courts employing guidelines such as the Lemon test to determine whether a state-sanctioned prayer at a sports event violates the Constitution. The Amateur Sports Act of 1978 guarantees due process rights, including hearings and appeals for US athletes, and the National Labor Relations Board has recognised the right of players to form unions or players' associations.
| Characteristics | Values |
|---|---|
| Personal freedom | Freedom of movement, freedom of speech, freedom of association, and freedom of religious beliefs |
| Civil rights | Religious belief, worship, conscience, due process, privacy |
| Due process | Hearings and appeals |
| Privacy | Right to privacy, right to publicity |
| Freedom of speech | Right to disagree with decisions, petition for change, express displeasure |
| Freedom of association | Right to form unions or players' associations |
| Freedom of religion | No mandatory prayer before, during, or after school-sponsored graduation or sporting events |
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What You'll Learn
Freedom of speech and religion
The First Amendment to the United States Constitution guarantees citizens the right to personal freedom, which includes freedom of speech, freedom of association, and freedom of religious beliefs. These rights are relevant to sports and have been the subject of several court cases.
The freedom of speech protected by the First Amendment allows citizens to disagree with the decisions of others or the government, petition for change, or express displeasure. This right has been extended to media such as newspapers, books, plays, movies, and video games. In the context of sports, citizens have the right to express their opinions and displeasure with decisions made by sports organizations, such as the National Collegiate Athletic Association (NCAA). For example, in the case of Murphy v. NCAA, the constitutional question was whether the US federal government had the right to control state lawmaking. This case involved the governor of New Jersey, Philip D. Murphy, and the NCAA, and centred around the state's constitutional amendment that barred all gambling.
The freedom of religion guaranteed by the First Amendment ensures that the civil rights of citizens shall not be abridged on account of religious belief or worship, and that no national religion shall be established. This right is relevant to sports as it allows athletes and fans to freely practice their religious beliefs and express their religious views. For example, an athlete could petition to wear a religious garment during competition or request scheduling accommodations to observe religious holidays.
The right to freedom of association, protected by the First Amendment, is also relevant to sports. This right allows citizens to associate with others who share their interests and beliefs, which could include forming or joining sports teams, leagues, or fan groups. Additionally, this right protects the privacy of citizens in their associations, allowing athletes and fans to maintain privacy in their personal lives and associations.
In conclusion, the guarantees of freedom of speech, religion, and association included in the First Amendment to the US Constitution have direct implications for sports. These rights allow citizens to express their opinions, practice their religious beliefs, and associate freely in the context of sports, shaping the way sports are governed and enjoyed in the United States.
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Civil rights
The US Constitution guarantees citizens certain civil rights that are relevant to sports. These include personal freedom, due process, and privacy. Personal freedom encompasses freedom of movement, speech, association, and religious beliefs. The freedom of speech allows citizens to express displeasure with the decisions of others or the government, as well as petition for change. The right to privacy includes privacy in one's associations.
The First Amendment to the US Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment protects citizens' rights to freedom of speech and religion, which are relevant to sports. For example, it allows athletes to express their religious beliefs before or after a game. It also ensures that the government does not endorse or advance a particular religion.
The right to due process is also guaranteed by the Constitution and is relevant to sports. This includes the right to hearings and appeals, as well as the right to form unions or players' associations. Athletes have the right to organise into associations or unions to negotiate collective bargaining agreements (CBAs) with their sport's owners. Under federal labor law, players and owners must negotiate in good faith on mandatory issues such as hours, wages, and working conditions.
The Constitution also protects citizens' publicity rights, which are relevant to sports. This includes the right to commercially exploit one's likeness, name, and image. Athletes may enter into endorsement contracts with third parties, either individually or through their players' union, to commercially exploit their name and likeness. However, businesses have increasingly made unlicensed uses of athletes' names and likenesses, which has led to legal disputes.
Additionally, the Constitution guarantees citizens' civil rights with regard to torts, which are relevant to sports. This includes the right to assume the risk of unintentional injuries in contact sports, as well as the right to be warned of potential risks by sports organisations. The tort of defamation also protects athletes' reputations.
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Due process
The Due Process Clause, found in the Fifth and Fourteenth Amendments to the United States Constitution, guarantees that no person shall be deprived of life, liberty, or property without due process of law. This applies to both the federal government and state governments.
The Due Process Clause ensures that all levels of the American government must operate within the law and provide fair procedures. This includes procedural due process, which relates to the steps the government must take before depriving an individual of life, liberty, or property. For example, an individual facing termination of publicly funded medical insurance is entitled to procedural protections such as notice and a hearing.
The Due Process Clause also includes substantive due process, which guarantees certain fundamental rights. These rights include the freedom to pursue a full range of conduct, which cannot be restricted except for proper governmental objectives.
The interpretation of "liberty" in the Due Process Clause has been broad, and it is not limited to freedom from bodily restraint. Procedural due process requires government officials to follow fair procedures before depriving an individual of their rights.
The Due Process Clause does not apply to private institutions, such as a private school taking disciplinary action against a student. However, such institutions may voluntarily follow similar principles.
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Privacy
The right to privacy is one of the four broad rights enjoyed by all US citizens that are relevant to sports. This right to privacy includes access to personal information and personal data.
The Supreme Court first recognised the "right to privacy" in Griswold v. Connecticut (1965). In this case, the Supreme Court found that the Constitution guarantees a right to privacy against government intrusion. The Court used the personal protections expressly stated in the First, Third, Fourth, Fifth, and Ninth Amendments to find that there is an implied right to privacy in the Constitution. The Court found that, when taken together, the Constitution creates a "zone of privacy".
The right to privacy has been the justification for decisions involving a wide range of civil liberties cases, including Pierce v. Society of Sisters, which invalidated a successful 1922 Oregon initiative requiring compulsory public education; Roe v. Wade, which struck down an abortion law from Texas, and Lawrence v. Texas, which struck down a Texas sodomy law.
The right to privacy is also relevant to the issue of prayer in sports. The First Amendment to the United States Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". The issue of prayer before sports contests has been a controversial topic, with legal challenges forcing courts to address whether such practices violate the Constitution. Courts currently use three tests to determine whether prayers in schools are constitutional: The Lemon test, the endorsement test, and the coercion test.
The right to privacy is not just a legal concept but also a philosophical one. Some believe that privacy is a fundamental human right, essential to the functioning of democratic societies. Privacy allows for freedom of conscience and diversity in thought, guaranteeing democratic participation and limiting government power.
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Drug testing and performance-enhancing drugs
Drug use by athletes has been a controversial issue for many years. Athletes often use artificial stimulants to gain a physical and mental advantage over their competitors. Drug testing of athletes is becoming more common across all sports, raising constitutional issues concerning the right to privacy and due process protections from unreasonable searches and seizures.
Performance-enhancing drugs (PEDs) are substances that athletes inject or consume to increase their physical performance during training and competition. PEDs can include common over-the-counter supplements, recovery products, and endurance-enhancing blood doping agents. The use of PEDs can be traced back to the ancient Olympic Games, where, as today, athletic success brought fame and fortune.
The Fourth Amendment protects citizens from unreasonable searches and seizures, and this protection extends to drug testing in sports. Athletes have the right to challenge drug tests on constitutional grounds, particularly when testing involves the analysis of urine or blood samples, as this can be considered an invasion of privacy. The Fifth Amendment also provides that no person shall be deprived of liberty without due process of law, which includes the right to a hearing and to appeal a positive drug test result.
Federal laws that regulate drug use and distribution include the Anabolic Steroid Control Act of 1990, which addresses the use of steroids—artificial and synthetic forms of hormones that improve muscle building, growth, and repair. The National Collegiate Athletic Association (NCAA) established its own drug-testing program in 1986, testing for both illegal street drugs and performance-enhancing drugs. Intercollegiate athletes must sign a consent form to participate in college sports, and the NCAA's status as a private actor means it is not subject to the same constitutional constraints as public entities.
The Drug-Free Sports Act is another piece of legislation aimed at addressing the issue of performance-enhancing substances in sports. The Act requires professional sports leagues and associations to follow prescribed procedures for testing and penalizing athletes for the use of certain performance-enhancing substances identified by the World Anti-Doping Agency and the Secretary of Commerce.
The constitutional issues surrounding drug testing and performance-enhancing drugs in sports are complex and evolving, with ongoing debates about the role of the state, the rights of athletes, and the boundaries of privacy and due process.
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Frequently asked questions
Personal freedom, civil rights, due process, and privacy.
Personal freedom includes freedom of movement, freedom of speech, freedom of association, and freedom of religious beliefs.
The First Amendment to the United States Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The First Amendment affects sports in the context of religion, with legal challenges being made to organised prayers before sports contests, and in the context of free speech, with athletes' image rights being preempted.
Each CBA (collective bargaining agreement) typically outlines the policy regarding drug testing, the list of banned drugs, violations, penalties, privacy issues, and rights of appeal. Drug violations may lead to suspensions and loss of salary.
Gambling laws vary across states. For example, in 1897, New Jersey adopted a constitutional amendment that barred all gambling in the state. However, during the Great Depression, the state permitted parimutuel betting on horse races to increase state revenue. Gambling laws have been gradually loosened since the 1920s and 1930s.
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