The magistrate’s report in a recent case included a discussion of a rarely cited freedom we all enjoy under the First Amendment: the freedom of association. The report divided that freedom into two parts:
The First Amendment broadly protects two types of association: (1) the choice to enter and maintain certain intimate familial relationships and (2) association for engaging in other activities protected by the First Amendment, such as speech, religion, or redress of grievances.
A footnote in the case caught my eye. The footnote was about an assistant football coach at the University of Southwestern Louisiana (USL then, but now known as The University of Louisiana at Lafayette) who alleged that he got canned because his son decided to play football for LSU instead of USL. He lost his case because the court concluded that USL had a legitimate reason to fire him. What was the reason? USL argued that the kid’s decision to play for LSU would adversely affect alumni relations and recruiting efforts for the lesser known school. Kipps v. Caillier, 197 F.3d 765 (5th Cir. 1999).
Really? Like Ragin’ Cajun fans are going to be surprised that a star football player from the State of Louisiana would rather play for LSU????
DAWG BONE: TO SQUEEZE ALL THE JUICE OUT OF THE CASE YOU HAVE TO READ THE FOOTNOTES.
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Tomorrow: how important are those publisher guidelines?