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re: Someone explain the legality of a university employee being gag ordered by a conference

Posted on 11/22/20 at 4:25 pm to
Posted by Harry Rex Vonner
American southerner
Member since Nov 2013
35959 posts
Posted on 11/22/20 at 4:25 pm to
quote:

you refuse to cook food



???


quote:

If you are employed as a public representative of an institution and you act in a way that harms the reputation of that institution, you will be fired.



AD's and coaches and players are not employed by the SEC

Shall I say that again?


quote:

gag order targeting criticism of the refs. I think it’s unethical and demonstrates poor leadership. However, it is 100% legal and in no way violates any rights guaranteed by our country’s constitution



No, it's not legal at all
Posted by skinnytrees
REC Check Writing Office
Member since Sep 2015
1805 posts
Posted on 11/22/20 at 4:25 pm to
It is legal

They can leave

What is not legal? Massive theft/fraud and rape rings across the LSU athletic department.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66548 posts
Posted on 11/22/20 at 4:25 pm to
quote:

How is legal to fine someone for violating that unconstitutional bullshite "bylaw"?



Well it’s the SEC and not the federal government

Melt
This post was edited on 11/22/20 at 4:26 pm
Posted by krandor
Member since Dec 2014
1400 posts
Posted on 11/22/20 at 4:28 pm to
quote:

I don't think they can legally do it I think everything THINKS they can, and they're wrong as shite People sign it and are intimidated into believing the corporation or entity has power they don't really have
|

You are talking about a non-disparagement agreement and yes they are very common in employment contracts. They have been challenged in the courts many times and have been ruled enforceable. 1st amendment doesn't apply because 1) it's a private transaction so isn't being forced by the government and 2) people are free to waive first amendment rights.

SO as much as you may not like them they are enforceable. The main exception courts have granting is that filing cases with government agencies like the EEOC are allowed without violating such a clause.
Posted by PlateJohnsonIII
Member since Feb 2020
6159 posts
Posted on 11/22/20 at 4:28 pm to
quote:

AD's and coaches and players are not employed by the SEC


They are employed by a university that has a contract with the SEC.

I have worked at companies where I inherited NDAs from other companies that my employer did business with. It’s very common.

quote:

No, it's not legal at all


What statute bars such a term? NDAs have been successfully enforced and upheld by U.S. courts all the time.
Posted by krandor
Member since Dec 2014
1400 posts
Posted on 11/22/20 at 4:32 pm to
quote:

quote: AD's and coaches and players are not employed by the SEC They are employed by a university that has a contract with the SEC. I have worked at companies where I inherited NDAs from other companies that my employer did business with. It’s very common.


Same here. I currently work for a consulting firm. Our non-disparagement clause including saying bad things publically about clients of the company. In fact, we are not even supposed to admit and reveal that a particular company is a client of ours unless the other company says we can.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
119174 posts
Posted on 11/22/20 at 4:34 pm to
Here's a secret for you. All sports related employees, and the conferences they are a part of are super rich, and want to protect each other and stay that way.
Posted by Harry Rex Vonner
American southerner
Member since Nov 2013
35959 posts
Posted on 11/22/20 at 4:40 pm to
quote:

The main exception courts have granting is that filing cases with government agencies like the EEOC are allowed without violating such a clause.



excellent!

so as of this week, I would love to see a college football player who was wrongly ejected from a game, file an EEOC complaint for his ability to openly criticize a corrupt conference that tries to intimidate him into silence

Then I would love to see his complaint open a big can of worms in regard to other players around the nation doing the same thing and having their free speech protected in that instance

Fight fire with fricking fire
This post was edited on 11/22/20 at 4:41 pm
Posted by Harry Rex Vonner
American southerner
Member since Nov 2013
35959 posts
Posted on 11/22/20 at 4:42 pm to
the SEC is not a "client"
Posted by PlateJohnsonIII
Member since Feb 2020
6159 posts
Posted on 11/22/20 at 4:44 pm to
quote:

college football player

quote:

EEOC complaint


They unfortunately aren’t employees, so the complaint will go nowhere.

Hopefully you weren’t one of the posters on this site crying about the possible end of the illusion of amateurism.
Posted by Harry Rex Vonner
American southerner
Member since Nov 2013
35959 posts
Posted on 11/22/20 at 4:45 pm to
quote:

They unfortunately aren’t employees



Then that makes it easier! They are free to say anything they like! Legally.
Posted by PlateJohnsonIII
Member since Feb 2020
6159 posts
Posted on 11/22/20 at 4:47 pm to
quote:

the SEC is not a "client"


The SEC is a member organization that each university is a part of. This membership includes an agreed upon set of rules (a contract).

If you don’t like these rules ask your administration to push to roll some of them back. As a public institution, Arkansas is partially accountable to politicians of some sort, so you can actually organize a movement if it bothers you so much.
Posted by Harry Rex Vonner
American southerner
Member since Nov 2013
35959 posts
Posted on 11/22/20 at 4:48 pm to
quote:

They unfortunately aren’t employees, so the complaint will go nowhere.



and btw, you're wrong again


a college student most certainly can file an EEOC complaint

and again, the complaint would be about having their free speech violated
Posted by DawgsLife
Member since Jun 2013
58915 posts
Posted on 11/22/20 at 4:49 pm to
quote:

If a coach or AD wants a job at an SEC university, they must agree to sign a contract that wholly violates their ability to speak freely


While free speech is a constitutional right, it only protects you from being arrested for speaking. It does not protect you from other punitive measures made by private or public entities.

In other words....say something that reflects badly on your company and you can be fined or fired. If the University deems it inappropriate you can be fined or fired. But you cannot be arrested.
Posted by dirtsandwich
AL
Member since May 2016
5161 posts
Posted on 11/22/20 at 4:50 pm to
quote:

Let's all meet and have a non-violent protest at the SEC office. After that we can all head to the nearest Sonic and have some tots.

That would be the one on Valley. It’s actually pretty well ran. And it’s right across the street from Sammy’s, which is where the REC takes the refs/admins for the weekly payoffs. So that should work out well. I could try to coordinate both if people are interested.
Posted by Harry Rex Vonner
American southerner
Member since Nov 2013
35959 posts
Posted on 11/22/20 at 4:50 pm to
a college football player cannot be fired
Posted by Harry Rex Vonner
American southerner
Member since Nov 2013
35959 posts
Posted on 11/22/20 at 4:52 pm to
quote:

While free speech is a constitutional right, it only protects you from being arrested for speaking. It does not protect you from other punitive measures made by private or public entities.

In other words....say something that reflects badly on your company and you can be fined or fired. If the University deems it inappropriate you can be fined or fired. But you cannot be arrested.



coaches and AD's are not employees of the SEC
Posted by dirtsandwich
AL
Member since May 2016
5161 posts
Posted on 11/22/20 at 4:52 pm to
quote:

How is legal to fine someone for violating that unconstitutional bull shite "bylaw"?

Posted by michael corleone
baton rouge
Member since Jun 2005
5810 posts
Posted on 11/22/20 at 4:53 pm to
Power at be writes you a check for 12-16 million at the end of every year regardless of how you finish in any sport. Contractual “terms and conditions” are associated with said check per the contract. Table your check and quit bitching.


In all serious, what call from yesterday’s game has you worked up? The fumble ? It was a fumble but Emory clearly recovered it. Your boy pulled it from him after the recovery. The reversal of the first down was accurate as well. His elbow was clearly down , followed by the roll forward to the 17. Blame your coach for not going for tye 4th and inches. Nothing was on the line in that game. Go for it. Play to win.
Posted by krandor
Member since Dec 2014
1400 posts
Posted on 11/22/20 at 4:54 pm to
quote:

Then that makes it easier! They are free to say anything they like! Legally.


An the school is free to punish them up to kicking them off the team... legally.
And the sec can find said school for violating the contract... legally

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