The Gray Problem: Should Athletes Be Punished for Their Social Media Posts

Abstract

This article discusses athletes' use of social media and how their parent organizations have dealt with their social media activities. This article argues that sports associations may not need to regulate athletes' use of social media. Athletes have their own private incentives: they want to maximize their financial gains and career opportunities provide stronger deterrent to post detrimental social media posts. Sports associations who punish athletes for their speech could also deter socially beneficial speeches. This article discusses how sports leagues have face antitrust challenges and how a similar antitrust challenge could potentially force leagues to revise their social media policy. It also argues that contract law limits how leagues should punish athletes for their social media activities. Finally, this article argues that policymakers have a role to play. They can encourage sports leagues - and employers in general - to adopt a clear social media policy instead of retrofitting vague and overbroad "best interest of the sports" standards.