I don’t have time at the moment to read the entire case, but it might be of interest to some readers of this blog. The Seventh Circuit upheld judgment against Gannett and in favor of the Wisconsin Interscholastic Athletic Association (WIAA) on a First Amendment Claim.
The WIAA required a license to stream post-season tournament events. Gannett said that, because WIAA is a government entity, a license couldn’t be required because of First Amendment restrictions.
Gannett’s theory that coverage and broadcast are identical is both analytically flawed[.] Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it. In addition, Gannett overlooks the importance of the distinction between state-as-regulator and state-as- proprietor, which in turn leads it to fail to appreciate the fact that tournament games are a performance product of WIAA that it has the right to control.
Leave a Reply