Tennessee Attorney General opinion backs media restrictions to college athletic events
College Sports Information Directors of America
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Attorney general opinion backs media restrictions, by the Associated Press
Published May 5th, 2010
KNOXVILLE, Tenn. (AP) -- The University of Tennessee and other public universities have a right to put restrictions and conditions on media coverage of athletic events, according to an opinion by state Attorney General Bob Cooper.
Cooper's opinion said football games and the like are not "public events" and a university "may take any legal measures that are intended to protect its rights under copyright law," the Knoxville News Sentinel reported. The opinion also included a general discussion of media credentialing at UT.
The opinion dealt with three questions posed by state Sen. Bo Watson, R-Hixson, and answered all in the affirmative. They are:
- May a taxpayer-supported university approve an agreement (as with the Southeastern Conference) that "restricts the rights of the press and the public to use material that is gained at a public event for public dissemination?"
- May a university "give approval to an agreement that would restrict the rights of a citizen (including the media) from managing its own copyrighted material?"
- May a university "compel news media to provide a college athletic conference the right to use, without the media's consent, photographs of a sporting event taken by the media?"
The opinion said that "while members of the media may prefer not to agree to the terms and conditions set forth in the credential policies, agreement is required before entry into the athletic event."
"Members of the media may therefore feel 'compelled' to agree to the terms of the policies, but the provisions of the credential policies are designed to protect the interests of the SEC, the member institutions and the players and coaches who are involved in the athletic event."
The opinion said the authority of a state educational institution, such as UT, to place terms and conditions on media access to athletic events derives from state law. The Tennessee General Assembly vested governing authority over UT's operations in the board of trustees, it said.
"In light of these plenary powers vested in the university and its trustees, it is clear that the adoption of media credential policies such as those at issue in this opinion is well within the authority of the trustees," the opinion said.
Copyright 2010 The Associated Press. All rights reserved.