The paper claims its First Amendment rights were violated.
Louisville circulated a memo on the issue from Jeramy Michiaels, the NCAA's manager of broadcasting, before Friday's first super-regional game. It said blogs are considered a "live representation of the game" and that any blog containing action photos or game reports would be prohibited.
What next, the NCAA bans cell phone conversations about its games?
UPDATE: The New York Times says a First Amendment rights case is brewing.
The eviction of a newspaper reporter from a baseball press box for blogging about a game while it was in progress has stirred a debate about First Amendment rights, intellectual property rights and contract law.
The National Collegiate Athletic Association, which on Sunday ejected Brian Bennett of The Courier-Journal of Louisville, Ky., during the Louisville-Oklahoma State game at Jim Patterson Stadium in Louisville, contends it is merely enforcing long-established principles as they apply to a new technology.
But the newspaper is weighing a legal challenge on First Amendment grounds — the right to free speech as it applies to reporting news in a public place.
Jon Fleischaker, a lawyer representing The Courier-Journal, said yesterday that such a challenge might be made, within the next 10 days, because the event took place at a public facility and because the eviction was enforced by the University of Louisville, a public institution that was the host university.
“We’re just not sure whether there is enough official state action to properly be able to say there’s a First Amendment claim,” Fleischaker said in a telephone interview. “We’re doing some work to see who’s on first.”