Rich Rodriguez told college football players at West Virginia that they are not allowed to dance on TikTok. However, the head coach’s ban is currently under fire (pun intended) from the Foundation for Individual Rights and Expression.
The organization, better known as just FIRE, believes Rodriguez violated the First Amendment of student-athletes at the University of West Virginia.
Rodriguez first announced this new rule to his players during the early portion of the spring practice period. He later explained the policy at a press conference that was full of incredible soundbites. Something of a modern-day Footloose proceeded to unfold from there.
FIRE penned a letter to athletics director Wren Baker with its concerns regarding freedom of expression and/or free speech. It requested a “substantive response” no later than March 21. It did not get one.
Before we go any further here, I should note that there is no written policy in Morgantown to ban TikTok dances. Rodriguez presented the policy through verbal channels.
“I’m allowed to do that. I can have rules,” he said at the time.
But that may not be the case. Name, Image and Likeness attorney Darren Heitner told Front Office Sports that it does not matter whether the TikTok ban is written or not.
If the coach makes it clear that the act is impermissible, then whether it is oral or in writing, athletes will likely perceive the edict as effective. Given the publicity of the alleged ban, I doubt any athlete will be able to credibly state he was unaware of the policy. However, getting kicked off the team for a violation, whether the policy is in writing or not, does present legal issues.
— Darren Heitner, via FOS
This is true. If I were a player for the Mountaineers and my head coach explicitly told me (and the general public) that I am not allowed to dance on TikTok, I would not dance on TikTok— even if I am legally allowed to do so.
Thus, the Foundation for Individual Rights and Expression is not backing down. Aaron Corpora, the program officer for campus rights advocacy, sent a second letter to Baker on Wednesday, April 2. He also looped in WVU senior deputy athletic director Rob Alsop, president E. Gordon Gee, vice president and general counsel Stephanie D. Taylor and Rodriguez. FIRE is again requesting a substantive response to its letter by Wednesday, April 9.
Dear Mr. Baker:
FIRE is disappointed not to have received a response to our enclosed March 17 letter regarding head football coach Rich Rodriguez’s unconstitutional edict banning his football players from posting dancing videos on TikTok. As our previous letter outlined, this directive violates the First Amendment rights of WVU student-athletes, which the university is legally bound to protect.
Though reporting suggests that Rodriguez’s ban was delivered orally (as opposed to in writing), its existence and enforcement violates students’ expressive rights. As Name, Image and Likeness attorney Darren Heitner told Front Office Sports regarding this matter: “If the coach makes it clear that the act is impermissible, then whether it is oral or in writing, athletes will likely perceive the edict as effective.”
Coach Rodriguez and WVU continue to violate the First Amendment with this team rule. They must acknowledge that student-athletes do not shed their expressive rights when players join a sports team and clarify that posting dancing videos on TikTok is protected First Amendment activity. We again request a substantive response to this letter by Wednesday, April 9.
— Aaron Corpora
It will be interesting to see how the university and Rich Rodriguez choose to proceed. It is my personal hope that a college football player at West Virginia take a Ren McCormack-like stance on this TikTok policy. I would love nothing more than to see what happens if they do indeed express their First Amendment right to dance and post a video to social media. The fallout could lead to an unprecedented legal case unlike any we have seen in college sports before. Get your popcorn ready if it does!