The U.S. Supreme Court agrees to hear coach Joe Kennedy’s case over prayer on the field. Last Friday, the U.S. Supreme Court agreed to review a free speech case with potentially far-reaching implications for employees of public institutions. If college athletes are recognized as employees, they could have a stake in the outcome. The boundaries of free speech for college athletes have arguably never been more meaningful. Many use social media to opine on cultural trends and political controversies. Many also generate earnings from licensing their name, image and likeness for endorsements and sponsorships. In some states, high school athletes also enjoy NIL opportunities, while others are suing to reap the same. Meanwhile, some college athletes are pursuing recognition as employees, which could allow them to unionize in some jurisdictions. In Johnson v. NCAA , a group of college athletes maintain they are employees under the Fair Labor Standards Act. Other efforts, including an unfair labor practice charge filed by College Basketball Players Association co-director Michael Hsu, invoke the National Labor Relations Act. Employee recognition, and possible unionization, are complex legal topics, but the trajectory of college sports suggests that at some point, college athletes will gain employee status. […]
