State athletic associations’ restrictions on recruiting student athletes do not violate the free-speech rights of schools, according to a June 21 decision by the U.S. Supreme Court.

The National School Boards Association filed a brief in support of the ability of a state athletic association to enforce student anti-recruitment rules set by member schools. The court’s decision supports the ability of school districts to determine the role that sports play within their schools, according to NSBA.

Unfair Tactics The court found that the Tennessee Secondary School Athletic Association did not violate the First Amendment rights of the Brentwood Academy, a private school near Nashville that had been sanctioned for unfair recruiting tactics of football players.

The dispute arose when the private school’s football coach sent letters to a dozen eighth-graders, inviting them to attend spring training at the academy. The state athletic association said Brentwood violated rules against using “undue influence” to recruit middle school students, and the school countered that its free-speech rights were violated.

“High school football is a game. Games have rules,” the Supreme Court’s ruling said. “It is only fair that Brentwood follow them.”

Hard-Sell The New Jersey State Interscholastic Athletic Association also has anti-recruitment rules, and allegations of improper recruiting tactics have arisen in the state in the past.

In the Tennessee case, the unanimous ruling stated that “hard-sell tactics directed at middle school students could lead to exploitation, distort competition between high school teams and foster an environment in which athletics are prized more highly than academics. [The Tennessee association’s] rule discourages precisely the sort of conduct…”

In its brief, NSBA argued that “it is imperative that educators have the flexibility to structure rules of play to attract and retain as many students as possible to public school sports and to protect them once they decide to play.”

The NCAA, the National Federation of State High School Associations and the Bush administration also argued for the Tennessee athletic association.