Law Commons^™

First Amendment & Goal: High School Recruiting And The State Actor Theory, David W. Dulabon

Vanderbilt Journal of Entertainment & Technology Law

After hearing the arguments of both sides, the District Court for Middle Tennessee held that the recruiting rule violates the First Amendment, making the sanctions imposed by the TSSAA on Brentwood Academy void and unenforceable. On appeal, the Sixth Circuit failed to address the First Amendment issue due to its holding that the TSSAA did not constitute a state actor for constitutional law purposes. The Sixth Circuit concluded that the TSSAA's actions are not fairly attributable to the state of Tennessee. The court also noted that Brentwood Academy's purely voluntary association with the TSSAA prevented the private high school from …

Concerts: Rated Or Raided? First Amendment Implications Of Concert-Rating, Deborah Cazan

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the constitutionality as well as practicality of two different concert-rating statutes. San Antonio ordinance 61,850, the first attempt at concert-rating, has never been challenged constitutionally. This Note asserts that if the ordinance were challenged, the Court would find it constitutionally valid on its face, despite the possibility of unconstitutional applications. However, some unconstitutional consequences remain. The second statute examined is one recently proposed by Senator Shugars in the Michigan state legislature. Like the San Antonio ordinance, this Note concludes that Senate Bill 239 would also withstand a constitutional challenge.

This Note examines the history and structure of …