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University lifts Facebook ban for student athletes
© 2006 Student Press Law Center
July 10, 2006
OHIO — Kent
State University has reversed an order that would have required all student
athletes at the school to delete their Facebook.com profiles by Aug.
1.
University Athletics Director Laing Kennedy said safety concerns
prompted him to tell student athletes in May that they would no longer be
allowed to access Facebook, a social networking Web site. In a reversal of that
decision, Kennedy said now student athletes will be permitted to use the site,
but they must limit public access to their personal profiles by allowing only
those that they know to view them.
In addition to requiring athletes
to block outsiders from viewing their profiles, the students also must allow
their coaches and other academic counselors to access and monitor their personal
profiles. Kennedy said this is to ensure that each student is complying with the
university’s “code of expected behavior” for
athletes.
“It’s like a contract whereupon when we grant
an athlete financial aid, you agree to go to class, you agree to complete
assignments, you agree to attend team meetings, you agree to be a good citizen
and a positive spokesperson for the university and to represent the university
at the highest order,” Kennedy said.
Online actions that might
be considered breaking the code of expected behavior, Kennedy said, could
include posting “provocative” pictures or making excessive
references to partying.
Kennedy said the original decision to bar
athletes from using Facebook came after officials in the athletics department
learned that a female student athlete was “inappropriately
contacted” by someone who found her personal information on her Facebook
profile. But some First Amendment advocates say concerns for student safety
still do not give school officials the right to control what students do
online.
“We’re talk about adults here, young adults, yes,
but adults,” said Gary Daniels, litigation coordinator for the American
Civil Liberties Union of Ohio. “They don’t need the
university’s help or assistance to decide who to talk to. It’s
unwarranted and unwelcomed instruction and oversight from the
school.”
If the students know that coaches and others are
monitoring their profiles, Daniels said, it might cause a “chilling
effect” on their speech, because it could inhibit them from speaking out
online about controversial issues.
“What if they wanted to
badmouth the university as a whole, or they wanted to say negative things about
the team, or how the team is performing or how the coach is performing?”
Daniels said. “Or what if they had other controversial sentiments and
wanted to say something having to do with immigration, or the war in Iraq, or
about abortion or religion? Would they be less inclined to do this, knowing that
the university is observing what they say and may take action against
them?”
Daniels said the fact that the student athletes will be
required to privatize their profiles also raises some First Amendment concerns.
“I don’t see it as essentially any different than the
university trying to regulate in some form or another who they’re talking
to in person,” Daniels said. “The only difference between the
university controlling an athlete talking to someone on the street and someone
in cyberspace is that there is a computer involved.”
Kennedy
said the university respects the idea that Facebook can be a valid tool for
students to use to communicate.
“For example, one of our
men’s basketball players ... on Facebook.com he has a picture of our team
celebrating the Mid-American Conference Championship, he has a picture of
himself helping cut down the net, he has a picture of his mother. That’s
not a problem,” Kennedy said. “We should be in a position to allow
that kind of communication.”
Kennedy said he has not heard any
negative reaction from the athletes about restricting their Facebook profiles,
although there has been some criticism from within the university community, as
well as some outside institutions. However, he said the decision to change the
plan was not a result of community backlash, but instead of a “diligent
review” of the code of expected behavior along with input from staff and
other academic
counselors.
—by Whitney
McFerron, SPLC staff writer
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