Lawyer talks First Amendment rights at AACC
December 3, 2019
A lawyer for the Student Press Law Center said in November he believes AACC Athletics is violating the First Amendment rights of the college’s coaches and student athletes.
SPLC senior legal counsel Mike Hiestand detailed his opinion in a response to an inquiry from Campus Current Editor-in-Chief Amber Nathan and Associate Editor Christian Richey, who claimed coaches and players have told student journalists they may not grant interviews without permission from an Athletics administrator.
“I feel like they’re blocking their coaches and players from talking to us, which is a violation of their First Amendment right” to free speech, Nathan, a second-year communications student, said.
The First Amendment outlaws government institutions, such as public colleges, from quelling the speech of those in America.
“Any rule, regulation, policy or requirement that purports to be binding on college journalists or on college employees, requiring mandatory pre-approval before an employee may discuss work-related matters with the news media, violates the First Amendment and is legally unenforceable,” Hiestand wrote.
Men’s Soccer coach Nick Cosentino said Athletics has a policy that requires requests for interviews with coaches and players to go through Assistant Athletic Director for Communications Hillary Fisher.
Cosentino said coaches are “technically not supposed to talk to [Campus Current reporters] until it gets OK’d by our assistant AD. … For instance, I think [a reporter for Campus Current] emailed me and I forwarded it to Hillary Fisher, and I said, ‘Hey, is it OK to talk with this guy?’ So that’s just the protocol [coaches and players are] supposed to follow.”
Women’s Soccer coach Karin Victorio said there could be consequences for “disobeying [my] boss.”
Fisher said coaches who choose to speak to reporters without going through channels are not punished.
She also said the practice is standard for college athletic departments.
“It’s standard practice for all interview requests to come through the communications office, and we practice that here,” Fisher told Campus Current.
But, Hiestand wrote, “Common does not mean legal. … ‘Everybody does it’ is not an explanation that your college would accept [from] its students, and it is not an explanation that the federal courts will accept, either.”
Athletics Director Duane Herr said once a reporter’s request comes in, his department works quickly to connect reporters with athletes and coaches.
“It’s our intent that we connect student reporters to the coaches and athletes … as quickly as possible,” Herr said. “We understand the complexity of a student athlete’s workload. … Our coaches … have their own work schedules. I know in talking to some coaches, they want to confirm that who’s contacting them is legitimate.”
Women’s Basketball coach Lionel Makell said the practice began in response to misinformation reported in past issues of Campus Current.
“It’s changed from the last couple of years,” Makell said. “Now, you have to go through [Fisher] to get permission, so she’s aware of who we’re speaking to and to make sure the right content is being moved forward. … I guess they’ve had problems in the past, where things were misprinted that we said, and they were taken out of context.”
Richey said Fisher refused to help him connect with a player and coach for a story last summer. “She said she wasn’t interested in the story,” Richey said. “So we couldn’t even talk to the student [athlete], which kind of impeded our progress in getting that story done. Because of that, we couldn’t finish the story.”
Nathan said contacting Fisher to interview coaches and players for stories sometimes makes the reporters’ jobs more difficult.
“We’re working on deadline; we don’t always have time to go through Hillary. … It’s really inconvenient and stressful for us,” Nathan said.
After contacting women’s lacrosse coach Jim Griffiths for the answer to a single follow-up question a few days after an approved interview, Richey said, the coach told him he needed approval from Fisher before he could speak with the journalist again.
“Policies broadly forbidding unauthorized communications with the news media are unlawful because they inhibit whistleblowing [and stop] employees or student-athletes from seeking help to remedy unsafe conditions,” Hiestand wrote.
Maryland’s New Voices Act, which the state adopted in 2016, forbids administrators at public colleges and high schools from restraining student journalists from publishing stories.
“We don’t have any problems with Hillary personally; we know she’s trying to do her job,” Richey explained. “But, to comply with the law, she has to let the players talk to us [and] let the coaches talk to us if they want to talk. … Based on interactions [with coaches] it seems like they’re not allowed to talk to us.”
Patrick W. • Dec 5, 2019 at 11:37 AM
So let me get this straight… A policy which every single actual media outlet and reporter in the country gladly follows and actually, despite your objections, has been found to be constitutional across the country in various court cases dating back decades should be unconstitutional because you were inconvenienced that, as a student reporter, you had to follow a process while you were on a deadline? Did you expect an immediate interview within minutes of your request?
You have a very narrow set of quotes within your sources regarding what is legal and what is illegal and that raises a lot of red flags for me in your story. Does your source know the entire background or are they in the dark with the entire context of this story?
Nathan said contacting Fisher to interview coaches and players for stories sometimes makes the reporters’ jobs more difficult. “We’re working on deadline; we don’t always have time to go through Hillary. … It’s really inconvenient and stressful for us,” Nathan said. — Every reporter in the country has deadlines. How is it possible that every single reporter for every major reputable national news outlet manages to contact the school’s SID to set up interviews but you can’t be bothered with it? While it is not snowing in my home state of Arkansas at this time I need to look up the weather in Maryland because there seems to be one large snowflake in Anne Arundel County.
Donald Key • Dec 3, 2019 at 6:23 PM
So you write an article on what you perceive is a First Amendment violation, yet you moderate the comments? Sounds like more of a 1A violation than this, which is a policy with pretty much every athletic department in America.
Ryan • Dec 3, 2019 at 4:31 PM
This is common practice at all colleges, both within athletics and outside of athletics. Having worked at the college level in communications both for athletics and the college as a whole, this is a near-universal policy.
It’s also this way with every professional sports franchise out there, and almost any company, government entity, etc. – you need to at least attempt to go through the proper channels. Important lesson for the student journalists; this is all about the relationship you have with the PR person for the entity you are seeking to do a story on.
If I have a good relationship with a journalist and I can trust them, then they don’t ALWAYS have to go through me to get to someone who I work with. In addition, I often know the schedules of student-athletes and coaches, and can help facilitate a time for an interview. I can also help by giving background information, etc.
So really – by coming through my office, or the office of any professional or college sports program – you’ll probably end up getting more information, higher-quality information, and a better working relationship.
Saying you’re on deadline doesn’t mean you skirt the process. Professional journalists almost NEVER do something like that. This is a good learning lesson for these students to be better prepared, plan things ahead of time, and then adapt to curveballs thrown their way.
I say this as someone who’s been both a student-journalist and a professional in public relations. Trust me – you’ll get better results by respecting the process.
Aaron • Dec 3, 2019 at 3:38 PM
Yes, athletics’ policy is legally unenforceable. No one is trying to legally enforce it, nor is anyone’s participation or employment impacted by noncompliance with the policy. People that choose to follow the policy are not violating the First Amendment rights of the student newspaper. No one may be forced to speak to any news outlet at any time just because the outlet wants to speak to you; that is their right.
Outlets are on deadline all the time. They have policies to deal with this, e.g., person was not available at press time. Maybe this outlet should plan its schedule better so that athletics’ policy is not so burdensome on them. Try overcoming an obstacle without making a Federal case out of it.