Louisiana Governor, LSU Women’s Basketball Team, and the LSU women’s basketball team were unable to play the national anthem prior to Monday’s NCAA Elite Eight championship match against Iowa. According to Jeff Landry, skipping the song should be at risk for college sports ‘ athletic scholarships.
Landry’s idea, conveyed in a blog on X Tuesday, faces a host of legal and practical barriers. Additionally, it comes at a time when some college sports seek union membership and work to achieve greater words over their treatment.
According to a Louisiana spokesperson, both the men’s and women’s teams typically stay in the locker rooms when activities as part of their sport preparation. Tigers head coach Kim Mulkey, who chose to echo this mood, said after the match that her player’s absence was a part of preliminary planning and not in any means intended to cause disrespect.

A number of requirements are put on sports by colleges, including that they must participate in team actions, refrain from misconduct, and keep a minimum GPA. However, they now do not forbid skipping the music before sporting activities. Players would not be required to show up for the song unless their team particularly requested that they do so, or unless there was a negotiated contract during which time.
A common university student’s obligation to study the music as a situation of a scholarship would probably be met with legal challenge due to a requirement, such as a state statute or regulation. Students are entitled to free speech under the First Amendment, including statement or do that might offend some.
The U.S. Supreme Court ruled in West Virginia State Board of Education v. Barnette ( 1943 ) that teachers and students in public schools are entitled to refrain from saluting or swearing in accordance with the First Amendment. In Tinker v. Des Moines Independent Community School District ( 1969 ), the Supreme Court clarified that a public school ca n’t forbid a particular viewpoint unless it interfered with the course of study. More recently, in Mahanoy Area School District v. B. L ( 2021 ), the Court stressed that public schools are” the nurseries of democracy” and must protect” a student’s unpopular expression”.
A private school’s ability to restrict or convince students is enhanced because, unlike a public school, it is not a” state artist” or arm of the government that may subscribe to Constitutional needs. However, a student at a public or private school may object to a bill that the governor signs into law ( or if a state agency adopts a requirement ) governing the conduct of students at both public and private schools.
Landry’s idea comes as the Louisiana legislature is considering a bill that would strengthen his control over higher education’s governing bodies. In the United States, the increased authority of governors to control the supply of public education has created a social conflict. Typically, school trustees, regents, and other college officials have had control over policies that affect students, faculty, and their conversation rights. In Florida, Gov. Ron DeSantis has pushed for the appointment of governors at public colleges who share his views and forbid public institutions from funding variety, capital, and inclusion programs.

In the interim, federal authorities and the National Labor Relations Board are considering whether college athletes are paid by their schools, as well as their conferences, and the NCAA. In part because of Dartmouth’s power over the athletes ‘ time and labor, Board local producer Laura Sacks concluded in February that Dartmouth College men’s hockey players are people within the significance of the National Labor Relations Act. A college that mandates that players perform the national anthem might unintentionally give them a stronger legal justification for their employment. The NCAA’s efforts to hold onto amateurism and deter employment and unionization drives come at a particularly bad time for the players ‘ concern about school control, Landry’s suggestion comes at a particularly bad time for the players ‘ desire to become employees.
If the anthem was deemed to be a part of their employment, a college athlete might be required to perform it. Remember that former NFL quarterback Colin Kaepernick was legally bound by rules governing speech and conduct when he kneeled during the anthem. These conditions were spelled out in contracts that Kaepernick negotiated and ratified, including those made by the NFLPA. To the extent a college player’s employment is negotiated with their school, a court would likely honor the arrangement.
Finally, when weighing the wisdom of compelling college athletes ‘ speeches and conduct, there are fundamental recruiting factors to take into account. If a state places restrictions on scholarships that offend some recruits, those recruits will be more likely to enroll in colleges in other states. Louisiana and other states might want to consider putting more control over elite athletes before choosing a competing, top-notch program elsewhere.
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