Interesting article.

 

Tennessee recruiting case goes to high court

 

WASHINGTON - The Supreme Court agreed yesterday to referee a high school sports dispute over whether coaches have a free-speech right to recruit athletes from other schools.

 

Last year, a federal appeals court threw out a $3,000 fine and two-year suspension given to a Tennessee high school football powerhouse whose coach was accused of violating the state's anti-recruiting rule, which is similar to other regulations around the United States.

 

Coach Carlton Flatt of the private Brentwood Academy had sent letters and made phone calls to a dozen eighth-grade boys inviting them to spring practice at his school near Nashville. After the state high school athletic association handed down its punishment, the Academy sued in federal court alleging a violation of the First Amendment.

 

In a long-running legal battle, a federal judge as well as the appeals court sided with Brentwood Academy and said the coach's letters and calls were protected as free speech.

This could be good. If the school has won in the US District Court and in the Sixth Circuit Court of Appeals, its chances of winning before the Supreme Court are good. By the way, the present status of the case is significant for Kentucky since Kentucky is also a part of the Sixth Circuit. It might be a good time for a private school to "test" the KHSAA.

Wow, what a huge mess this would become in the world of HS athletics. Any blatant recruiting occurs like this and I will say that the public/private split gathers more steam.

My question is if the calls and mailings were a part of an overall recruitment by the school (something similar to an open house that private schools in KY use by advertising a holistic experience of thier school, which include athletics, academics, band, ect.) If it was specific to football, and did not include the entire school experience, I am against it. It opens up too big a can of worms, and in my opinion will hurt not only the state of high school sports in KY, but other aspects of our public and private school systems.

Wow, what a huge mess this would become in the world of HS athletics. Any blatant recruiting occurs like this and I will say that the public/private split gathers more steam.

 

Of course, if a split took place and if the present rule that KHSAA members cannot play an in state school that is not a member of the KHSAA remained, there might well be a good question as to the constitutionality of that rule.

I would think the 14th Amendment would be a reasonably good place to start.

 

The fact that the 6th Circuit has upheld the school is very significant to schools in Kentucky. It could get interesting and I would hope the sooner the better.

My question is if the calls and mailings were a part of an overall recruitment by the school (something similar to an open house that private schools in KY use by advertising a holistic experience of thier school, which include athletics, academics, band, ect.) If it was specific to football, and did not include the entire school experience, I am against it. It opens up too big a can of worms, and in my opinion will hurt not only the state of high school sports in KY, but other aspects of our public and private school systems.

 

Don't you imagine that any mailings cover the whole spectrum of the school? Like it or not, the school, as court decisions to date indicate, has a good argument. I tip my hat to the attorneys who came up with this approach. It looks good and it certainly should send shock waves through Kentucky.

Don't you imagine that any mailings cover the whole spectrum of the school? Like it or not, the school, as court decisions to date indicate, has a good argument. I tip my hat to the attorneys who came up with this approach. It looks good and it certainly should send shock waves through Kentucky.

Coach Carlton Flatt of the private Brentwood Academy had sent letters and made phone calls to a dozen eighth-grade boys inviting them to spring practice at his school near Nashville.

 

From the statement above in the article, sure doesn't sound like it covered the whole spectrum of the school but was limited to 12 8th grade boys who happened to be very good in football.

 

I had stated before that I think the simplest solution is to split into two basic classes. THose with open enrollment and you can pull from anywhere. THose with closed enrollment. Schools would have the choice on whether to draw from a specified area or not. Further you would break that down by school size. Have an open enrollment with two different classes based on size. Have a closed enrollment with two different classes based on size.

I'm with the split. Then they can recruit each other to death? How would your program though?? Would not hurt mine, nobody would come knocking I would imagine. But the one time they did, it would destroy my program.

Apparently, to date, the courts have found whatever Coach Flatt is doing to be constitutional and Tennessee's actions to be otherwise. Also, we need to remember that most "recruiting" is done by competing publics rather than the oft-condemned privates. If we assume that 80 percent of the schools are public schools, then it is certainly a conservative estimate to state that 80 percent of recruiting is done by the publics. That is certainly the case in this area of Kentucky.

When you are a member of an association such as the KHSAA, aren't you then bound to their rules? Since the school chose to be in the state highschool sports association how could this be?

When you are a member of an association such as the KHSAA, aren't you then bound to their rules? Since the school chose to be in the state highschool sports association how could this be?

The association chose to segregate them now they are choosing to exercise their rights. If the publics continue to push for a split I can easilly see the KY private schools exercising their rights here as well.

The association chose to segregate them now they are choosing to exercise their rights. If the publics continue to push for a split I can easilly see the KY private schools exercising their rights here as well.

I had forgotten that TN split at private/public and that changes my mind. With the split all of the schools in the same class can do this, I have no problem with it.

I had forgotten that TN split at private/public and that changes my mind. With the split all of the schools in the same class can do this, I have no problem with it.

I had forgotton that TN split as well. According to this, I also think that Brentwood is within thier rights. I also think KY should study this decision very carefully and decide a couse of action that will keep anything like this from reaching the courts.

Don't you imagine that any mailings cover the whole spectrum of the school? Like it or not, the school, as court decisions to date indicate, has a good argument. I tip my hat to the attorneys who came up with this approach. It looks good and it certainly should send shock waves through Kentucky.

Be careful. Note that this one has already been to the high court once (google it and read). Basically, in the last one, TSSAA was a winner, Brentwood was a winner, and many other issues were unresolved. But the original 6th circuit decision was so fraught with errors, it was sent back by the high court to allow the circuit a "do over". Now, they have reached the same conclusions with the same facts. Anxious to see what the new court has to say about it. With the new justices in place, you just never know.

Wow, what a huge mess this would become in the world of HS athletics. Any blatant recruiting occurs like this and I will say that the public/private split gathers more steam.

 

Again, this split discussion could fall into the "be careful what you ask for" catagory? For those who think the "haves" are strong now, just separate them and allow them to openly recruit, offer scholarships, etc. Where do you think "little Johnny" the star running back with collegiate aspirations is going to attend high school then--XYZ Academy playing a national schedule, on ESPN, shoe company sponsored, whose games are attended by all the "name" college recruiters; or good old County HS, who's playing another County HS for a watered down, who knows how many classes by then, state title??