“… a person doesn’t check their constitutional rights at the field house…”

Remember Donald De La Haye, the backup kicker who was kicked off the Central Florida team last year because he wouldn’t deactivate his YouTube channel?

Well, he sued the school, claiming his First Amendment rights were violated and is seeking to have his scholarship reinstated.  UCF filed a motion to dismiss his claims.  Yesterday, that motion was denied.

Senior district judge Anne Conway denied UCF’s request to dismiss De La Haye’s lawsuit almost a month after attorneys for both sides appeared in court. The court found that De La Haye has a plausible first amendment violation claim allowing the case to continue. The court agreed with UCF in that De La Haye’s fourteenth amendment right pertaining to due process was not violated and dismissed the claim.

“Donald was a model athlete who, like nearly all college students, uses social media to connect with friends and followers and offer glimpses into his life. But rather than reward a student for using his talents, passion, and creativity to create content that tens of thousands of people enjoyed—just as Donald was doing as a UCF student—UCF chose to punish him,” said Goldwater Institute Director of National Litigation Jon Riches. “We hope that today’s decision denying UCF’s attempt to dismiss this case will be a step toward protecting Donald’s rights and ensuring all college student-athletes’ free speech rights are protected.”

Don’t know where this one’s going yet, but seeing as we’re entering an era where 1A rights are being asserted to overcome all sorts of governmental actions, I wouldn’t be so quick to presume UCF prevails here.  How that would impact enforcement of NCAA bylaw 12.4.4 remains to be seen.

39 Comments

Filed under See You In Court, The NCAA

39 responses to ““… a person doesn’t check their constitutional rights at the field house…”

  1. Bull dawg joe

    If he read huckleberry Finn aloud or said the “n’ word out of context by singing a rap song or quoting what someone else said, however, he should be scorned. His life ruined. All depends on the agenda of the blogger hey Senator? Its all about the kids (and clickbait).

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    • Sorry… did I miss something about how John Schnatter’s 1A rights were violated? Or how a guy whose estimated net worth is a cool $700 million has a ruined life?

      Admittedly, I have a hard time keeping up with winger snark. Thanks for your help.

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      • Hogbody Spradlin

        Winger snark? I looked it up, couldn’t find it. Whatizzit?

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        • Not exactly sure… I think it has something to do with the oppression of white guys who are upset they can’t use the N-word freely.

          Oh, and snowflakes.

          Liked by 2 people

          • Doug

            Maybe this is just the clinical depression talking, but I wish I cared about anything, anything, in this world as much as some white folks care about being able to say the n-word without repercussion.

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            • ChiliDawg

              Preach

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            • Hogbody Spradlin

              Doug is that serious?

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              • Doug

                yyyyyup. sadly.

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                • Hogbody Spradlin

                  You really think that there are that many people who spend a lot of time wishing they could say the N word without consequence?

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                • Hogbody Spradlin

                  You’re extrapolating from the specific to the general, from someone who’s also a crackpot anti vaccine type, to some bigger group of nefarious people. The N word is offensive, but so are a lot of things in this life.

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                • You’re missing the point here, big guy.

                  She’s married to the new WH communications dude. In normal times, that would be a major scandal. Now, it’s as much a feature as it is a bug.

                  She’s also just the first person I thought of. Spend a day wallowing through the Twitter cesspool and you’ll find all sorts of folks who share her POV.

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                • Hogbody Spradlin

                  I don’t know where this reply will wind up, but I don’t think I’m missing the point. The Twitter types want attention, but there just aren’t that many people out there spending their time wishing they could say the N word.

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                • What are you basing your observation on?

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                • ChiliDawg

                  “I spend my days working with and around literally thousands of the most down home cornbread blue collar white folks on the planet. I hear that word used maybe twice a year and when it is used most people just tune those folks out completely. Things in that area have changed dramatically for the better just in the last 20 years.”

                  Things in that area have gotten observably worse in “that area” in last 10 years, to an extreme degree in the last two. And I’m tired of hearing about the “down home cornbread blue collar white folks,” as some fairy tale of virtue. They’re not. They vote for people like Donald Trump, because he says the part they’re too cowardly to say out loud. They elect the worst people, espousing the most racist beliefs, because that’s what they believe in. It’s how people like Steve King get elected to Congress. “Blue-collar white folks” have shown us who they are, and it’s not the picture you’re painting. At all. But that’s the kind of rosy picture I’d expect from someone living a bubble where the statement that “racism has become much less of a problem in the last 20 years” doesn’t sound patently absurd.

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                • Hogbody Spradlin

                  I’m basing my observation on intuition. People have lives to live. They don’t, most of them anyway, sit around contemplating things like that. I anticipate a response, fair enough, to look at the news. Well, I would say, it’s news because it’s unusual.

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                • It’s news because it’s out in the open now.

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                • ChiliDawg

                  But apparently they have time to sit around contemplating HIllary’s e-mails, or how immigrants who they’ve never met are “infesting” our country and need to be removed, or how they can put a stop to gay couples adopting children that need a home.

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                • Doug

                  If it’s true that “there just aren’t that many people out there spending their time wishing they could say the N word,” then someone needs to inform the nation’s number-one-rated news channel. Every time a controversy pops up around the N-word, they manage to find a pundit (or three) to raise a stink about why black people can say the word but white people can’t. Hell, even CNN, the network that’s supposedly further to the left than Friedrich Engels, can’t resist jumping into the fray with segments like this one. (As comedian John Mulaney—a white guy!—said, “When comparing the badness of two words, and you can’t even say one of the words, that’s the worst one.”)

                  So anyway, clearly somebody’s providing an audience for this nonsense. Or if, as you imply, there’s really no there there when it comes to this issue and it’s all just manufactured controversy, us crackers need to recognize that there’s at least a small—but vocal—contingent from our tribe working in that factory.

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                • Doug

                  As proof of that theory, you need look no further than the very first comment in this thread! The topic of the post was the NCAA and a student-athlete’s right to control his own likeness, but our pal “Bull dawg joe”—not Al Sharpton, not Louis Farrakhan—had to jump right in and pout about how he can’t say the N-word. So why is Senator B taking the heat for it?

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                • Argondawg

                  I spend my days working with and around literally thousands of the most down home cornbread blue collar white folks on the planet. I hear that word used maybe twice a year and when it is used most people just tune those folks out completely. Things in that area have changed dramatically for the better just in the last 20 years. That word has always made my skin crawl.

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                • Argondawg

                  What do you do for a living Chili? I am speaking of my own experiences in the welding and fabrication industry. I can assure you I don’t live in a bubble I have to deal with all sorts in my industry. You can demonize huge swaths of people if you want to. I do not find that to be productive. It is how we got into this mess in the first place. Are you saying that word is as socially acceptable today as it was 20 years ago? It is extremely rare to hear this word in my day to day life. I guess you must hear it more frequently. Maybe you need to change up your network of friends and colleagues.

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                • ChiliDawg

                  I work in the commercial food production industry. Before this I was in the military. Before that I worked for a general contractor.

                  You seem to have this idea that because you don’t generally hear the “n-word” uttered in the workplace that racial issues have improved in the last 20 years. That is detached from reality. How many Trump supporters have you heard say they liked him because he “tells it like it is?” Because he’s not “politically correct?” How many people have you heard complain about “PC culture” preventing them from saying things they’d like to say? What do you think it is they’re talking about? I promise you it’s not economic theory or the tax code.

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                • Argondawg

                  All I can do is take my lived experience now and compare it with what it was like 20 or 30 years ago. In my day to day interactions I just don’t see it being anything like what it used to be. I’ve seen racism as I grew up in the deep south 50 years ago. I have also seen real change. By and large I see much more tolerance and acceptance of others. The vast majority of people I come in contact with are not racist. I can’t speak to Trump supporters because that is not my camp. I know that the media wants strife because it garners clicks. My lived experience is not jiving with what I am being bombarded with. I trust what I know and see in my day to day life more than I trust the folks with bull horns. I respect that your opinion is different than mine and understand your frustration.

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          • Got Cowdog

            Who says they can’t use it whenever they want?… They CAN say it whenever they want. Feel free to exercise the 1A rights. But, be prepared for the response. Consequences regarding socially acceptable behavior do not equate to oppression IMO

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    • ChiliDawg

      Oh goodie! clapping We get to do this again today!

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  2. Junkyardawg41

    I agree I have no idea where this is going. I am not a lawyer so maybe someone can explain how pulling a scholarship from a kid making money off of his free speech is a 1A violation. I thought UCF gave him a choice of scholarship or money making YouTube channel. Makes me wonder if he donated the money to the schools athletic department while building his brand would have prevented the issue. 🤔 I see this as a NLI rights issue versus 1st Amendment —- but I am not a judge so it will be interesting to see.

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  3. Gaskilldawg

    The rule says that if Jake Fromm got a real estate license or insurance license while playing at UGA he could not put his picture or name on his signs. Why someone who has obtained a professional license can’t have his or her name on his or her business cards makes no sense to me.
    The first amendment does not apply to private entities such as NCAA so I guess the kicker’s first amendment claim was against the state university .

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  4. Kalamazoodawg

    If he wins the suit does he get a National Championship ring?

    Liked by 1 person

  5. Red Cup

    What if the kid posted of video of him shooting a gun? I bet including his Second amendment rights would excite Hannity and co.

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  6. DawgPhan

    What I dont understand is that UCF could have avoided this whole situation by allowing him to stay on scholarship at UCF. His eligibility is an NCAA decision. The cost to UCF for the scholarship is effectively nothing. The amount of money they will spend on legal fees will be greater than zero.

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    • The 984

      So basically keep him on scholarship but refuse to play him due to eligibility concerns? That’s actually an interesting strategy.

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  7. W Cobb Dawg

    A cfb player invoking his first amendment right and legal rights in court! That cannot stand!

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  8. Russ

    These crazy kids trying to live their lives…pshaw!

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