October Term 2006 · Docket 06-427
Can a private athletic association ban schools from recruiting players?
Brentwood Academy claims the TSSAA violated its First Amendment rights by banning recruiting.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Himmelfarb argued the lower court used the wrong legal standard.
Ms. Mahoney argued the TSSAA has broad discretion to set rules.
Mr. Blumstein argued the TSSAA overreached its regulatory authority.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 11-49 — Transcript, file page 10, lines 11-49
- Official Supreme Court Transcript — file page 11, lines 21-25 — Transcript, file page 11, lines 21-25
- Official Supreme Court Transcript — file page 17, lines 7-21 — Transcript, file page 17, lines 7-21
- Official Supreme Court Transcript — file page 26, lines 3-31 — Transcript, file page 26, lines 3-31
- Official Supreme Court Transcript — file page 3, lines 19-9 — Transcript, file page 3, lines 19-9
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
- Official Supreme Court Transcript — file page 4, lines 11-35 — Transcript, file page 4, lines 11-35
- Official Supreme Court Transcript — file page 6, lines 11-27 — Transcript, file page 6, lines 11-27
- Official Supreme Court Transcript — file page 6, lines 51-11 — Transcript, file page 6, lines 51-11
- Official Supreme Court Transcript — file page 7, lines 23-29 — Transcript, file page 7, lines 23-29
- Official Supreme Court Transcript — file page 7, lines 47-3 — Transcript, file page 7, lines 47-3
- Official Supreme Court Transcript — file page 8, lines 23-33 — Transcript, file page 8, lines 23-33
- Official Supreme Court Transcript — file page 8, lines 7-15 — Transcript, file page 8, lines 7-15
- Official Supreme Court Transcript — file page 9, lines 35-37 — Transcript, file page 9, lines 35-37
- Official Supreme Court Transcript — file page 9, lines 43-45 — Transcript, file page 9, lines 43-45
- Official Supreme Court Transcript — file page 9, lines 7-9 — Transcript, file page 9, lines 7-9
A citizen's guide to the whole case
What this case is about
The TSSAA is a private group that sets rules for high school sports. Brentwood Academy is a private school that joined the group. The school wants to recruit players from other schools. The TSSAA banned this practice. The school sued the group. The lower court ruled for the school. The TSSAA asked the Supreme Court to review the case.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 7-21 — Transcript, file page 17, lines 7-21
- Official Supreme Court Transcript — file page 26, lines 3-31 — Transcript, file page 26, lines 3-31
- Official Supreme Court Transcript — file page 3, lines 19-9 — Transcript, file page 3, lines 19-9
How the case got here
The Supreme Court heard oral argument in this case on April 18, 2007.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
What each side wants
The TSSAA wants the Court to uphold its recruiting ban.
Brentwood Academy wants the Court to strike down the ban.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 7-21 — Transcript, file page 17, lines 7-21
- Official Supreme Court Transcript — file page 26, lines 3-31 — Transcript, file page 26, lines 3-31
- Official Supreme Court Transcript — file page 3, lines 19-9 — Transcript, file page 3, lines 19-9
What each side says
The TSSAA argues its rules are valid conditions of membership.
Brentwood Academy argues the ban violates its free speech rights.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 7-21 — Transcript, file page 17, lines 7-21
- Official Supreme Court Transcript — file page 26, lines 3-31 — Transcript, file page 26, lines 3-31
- Official Supreme Court Transcript — file page 3, lines 19-9 — Transcript, file page 3, lines 19-9
What the justices asked
Justice Kennedy asked if the case involves commercial speech.
Justice Ginsburg asked if cross-school recruiting was previously allowed.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 11-49 — Transcript, file page 10, lines 11-49
- Official Supreme Court Transcript — file page 11, lines 21-25 — Transcript, file page 11, lines 21-25
- Official Supreme Court Transcript — file page 4, lines 11-35 — Transcript, file page 4, lines 11-35
- Official Supreme Court Transcript — file page 6, lines 11-27 — Transcript, file page 6, lines 11-27
- Official Supreme Court Transcript — file page 6, lines 51-11 — Transcript, file page 6, lines 51-11
- Official Supreme Court Transcript — file page 7, lines 23-29 — Transcript, file page 7, lines 23-29
- Official Supreme Court Transcript — file page 7, lines 47-3 — Transcript, file page 7, lines 47-3
- Official Supreme Court Transcript — file page 8, lines 23-33 — Transcript, file page 8, lines 23-33
- Official Supreme Court Transcript — file page 8, lines 7-15 — Transcript, file page 8, lines 7-15
- Official Supreme Court Transcript — file page 9, lines 35-37 — Transcript, file page 9, lines 35-37
- Official Supreme Court Transcript — file page 9, lines 43-45 — Transcript, file page 9, lines 43-45
- Official Supreme Court Transcript — file page 9, lines 7-9 — Transcript, file page 9, lines 7-9
Why it matters
This case defines the limits of private athletic associations. It affects how schools manage recruiting. It shapes the balance between group rules and individual rights.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 7-21 — Transcript, file page 17, lines 7-21
- Official Supreme Court Transcript — file page 26, lines 3-31 — Transcript, file page 26, lines 3-31
- Official Supreme Court Transcript — file page 3, lines 19-9 — Transcript, file page 3, lines 19-9
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 11-49 — Transcript, file page 10, lines 11-49
- Official Supreme Court Transcript — file page 11, lines 21-25 — Transcript, file page 11, lines 21-25
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
- Official Supreme Court Transcript — file page 4, lines 11-35 — Transcript, file page 4, lines 11-35
- Official Supreme Court Transcript — file page 6, lines 11-27 — Transcript, file page 6, lines 11-27
- Official Supreme Court Transcript — file page 6, lines 51-11 — Transcript, file page 6, lines 51-11
- Official Supreme Court Transcript — file page 7, lines 23-29 — Transcript, file page 7, lines 23-29
- Official Supreme Court Transcript — file page 7, lines 47-3 — Transcript, file page 7, lines 47-3
- Official Supreme Court Transcript — file page 8, lines 23-33 — Transcript, file page 8, lines 23-33
- Official Supreme Court Transcript — file page 8, lines 7-15 — Transcript, file page 8, lines 7-15
- Official Supreme Court Transcript — file page 9, lines 35-37 — Transcript, file page 9, lines 35-37
- Official Supreme Court Transcript — file page 9, lines 43-45 — Transcript, file page 9, lines 43-45
- Official Supreme Court Transcript — file page 9, lines 7-9 — Transcript, file page 9, lines 7-9
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 17, lines 7-21 — Transcript, file page 17, lines 7-21
- Official Supreme Court Transcript — file page 26, lines 3-31 — Transcript, file page 26, lines 3-31
- Official Supreme Court Transcript — file page 3, lines 19-9 — Transcript, file page 3, lines 19-9
- Official Supreme Court Transcript — file page 17, lines 7-21 — Transcript, file page 17, lines 7-21
- Official Supreme Court Transcript — file page 26, lines 3-31 — Transcript, file page 26, lines 3-31
- Official Supreme Court Transcript — file page 3, lines 19-9 — Transcript, file page 3, lines 19-9
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.