[PFT] Cushing Says He’ll “Take Action Toward” NFLDraftBible.com

[edo783]

I am going to go ahead and make the legal conclusion that he is in fact a public figure, although it is arguable either way.

Football players have frequently been found to be public figures before, although it is a fact specific inquiry. Chuy v. Philadelphia Eagles Football Club, 595 F.2d 1265 (3rd Cir. 1979)("...Professional athletes, at least as to their playing careers, generally assume a position of public prominence. Their contractual disputes, as well as their athletic accomplishments, command the attention of sports fans. Chuy, in particular, was a starting player for the Eagles..."); Bell v. Associated Press, 584 F.Supp. 128 (Dist. Ct. D.C. 1984)("...Professional athletes, including football players, have frequently been held to be public figures, especially when they have achieved fame or notoriety...); Brewer v. Memphis Publishing Company, 626 F.2d 1238 (5th Cir.1980)(football player is a public figure).

While that may be true, I don't think they were professional athletes at the time it was written. In fact, they were private citizens who were students and played sports at a major university. IMO, that wouldn't meet the criteria of being a public figure.

 

[jppaul]

Certainly that is the argument that NFLdraftbible would make. If it ever does go, i would be interested to see what came down.

On the other side you would argue that College Football is big business, and USC is one of the most recognized programs. Being a member of the usc team brings with it a de facto celebrity, and athletes go there specifically for that. USC regularly goes to the Rose Bowl which drew 26.7 million viewers this year and Brian Cushing has been a four year star on that team. A team that is treated like stars in LA, the paparazzi capital of the US.

Further and perhaps most importantly, you are volunteering to be examined under the microscope of the NFL draft. A process that is invasive to say the least, you are submitting yourself to intense public scrutiny. 36.7 million viewers watched the NFL draft last year. Lets say that only about 10 million of those want to know all about you to see if you are a candidate for thier team, but the larger portion of that number are going to be interested in news about you. The media is going to focus on all aspects of the draft because of the viewership.

I am not sure how the courts would decide the college star on a huge program in limelight drenched LA issue but I am confident that that combined with entering the NFL draft and all that carries with it, would result in a determination of public figure.