Whenever I wonder how a First Amendment lawyer makes a living out here on the prairie, I remember instances like this.
This is a classic case of content based discrimination ina limited public forum. I assume there are no questions about limited access because of space, or questions of conduct, etc. This is an AD ****** off because of a comment made 5 years ago. Again, assuming no vulgarity, etc. Just did not like what was said. Broadcaster wins, school loses. Get heavy handed.
Having been a sports director for several years before I became wise and moved to news, I am very familiar with the relationships, legally and gentlemanly that schools and radio/TV stations have at their disposal and have addressed these many times over the years with many athletic directors, including those in the Rock River Valley.
Generally, a station is granted permission without a financial contract between the parties. The gentlemanly agreement is the broadcasts are not to be controversial. The station makes money on the games, the school gets free publicity.
That is a pretty gray area. I once said on the air how a Rock Falls player broke his hand (punched a car window because he was mad at his girlfriend) and got dressed down by then AD Cal Hubbard. BTW - Cal and I remain good friends today despite that incident.
It is true the conference has no authority to ban you unless the conference hosted the event. The conference falls under the auspicies of the IHSA. They can ban you. The school can ban you or refuse to allow you to broadcast for any reason. Broadcasting a high school game is not a right, it is a privilege granted by the school.
If you were granted permission to broadcast and then they moved to ban you "after the fact" your recourse is to tell them to give it to you in writing that you are officially banned, and the reason.
Your recourse is to use that letter and submit it to the IHSA for review by its board. This IHSA board does take complaints seriously.
It's a shame that had to happen to Tom's station. I enjoyed the area when I worked there in the late 70's and early 80's. But times have changed and so must we. If high schools want to manage their sports programs like professional organizations, then it's time for Illinois stations to act accordingly - get things in writing in advance including clauses of "do's" and "do not's".
Tom, my suggestion - and I did this a few years later in other part of the state - I negotiated financial terms with a school district. I got to broadcast the games exclusively, the school made a little money, and they had nothing to say regarding what I said on the air, although I kept it pretty vanilla as to not create any headaches.
Incidentally, if you really wanted to have some fun - if you found the game had in its attendance a quorum of board members and found them gathering at any time, you could have some clout. I did that with one school district whose board got snitty with me regarding news stories about a bus contract to a relative of two board members. I caught 5 or 7 at a game and talking at half time.
Oops. After that, we had NO problems with the district, news or sports.
