Northwestern University has softened rules that policed its football players’ social-media accounts and media appearances and prohibited athletes from talking about their health. But before it did so, the National Labor Relations Board had advised the university that those policies were unlawful, ESPN reported.
An associate general counsel for the NLRB wrote in an advice memorandum, which was obtained by ESPN through a Freedom of Information Act request, that some of Northwestern’s team rules were “unlawfully overbroad.” Per the team handbook, Northwestern football players were forbidden to discuss any aspect of the team with anyone or talk about individual grievances with fellow team members. Additionally, speaking with members of the media was banned unless the athletic department arranged the interview.
The memo was issued late last month. ESPN reported that during the course of proceedings, the university agreed to change or get rid of the unlawful rules. Now the social-media policy advises against posting “full or partial nudity (of yourself or another), sex, racial or sexual epithets, underage drinking, drugs, weapons or firearms, hazing, harassment, or unlawful activity.”
In 2014, Northwestern football players asked the NLRB for authorization to form a union, but the five-member board ultimately rejected their bid. At the time, the NLRB’s regional administrator in Chicago held that the players were employees, a decision that factored into the board’s latest decision.
Correction (10/11/2016, 7:09 p.m.): Drawing on ESPN’s reporting, this article initially stated that the NLRB had issued a new ruling on universities’ restrictions on the speech of football players. The NLRB instead made conclusions on Northwestern’s restrictions in an internal memorandum, but did not establish a broader ruling. The article has been updated accordingly.
