Rich Rodriguez has returned to West Virginia and the world looks very different than when he was last there in 2007. The iPhone was less than one year old at the time, which was still a full decade before TikTok hit the App Store in the United States.
Thus, as Rich Rod settles back in, he has decided that his players will not be allowed to post videos of themselves dancing on social media. That rule might violate the First Amendment.
Before we go any further here, let it be made very clear that I am not a lawyer. Nor am I familiar enough with the ins and outs of the First Amendment or what it covers. I will not argue this debate one way or another. I am simply here to point out what I am hearing — because it gave me a chuckle to imagine that a walk-on cornerback could potentially sue Rodriguez and the university to restore his right to dance on TikTok. A modern day Footloose, if you will.
Rodriguez first announced this new rule at a press conference during spring practice earlier this month. He did so in typical Rich Rod fashion. It was a very funny exchange.
Most people found it to be a pretty harmless (and understandable) move. Pat McAfee loved it.
However, there are apparently some legal concerns about his ban. The Foundation for Individual Rights and Expression (FIRE) penned the following letter to cite their grievances. It was sent directly to University of West Virginia athletics director Wren Baker.
Dear Mr. Baker:
FIRE, a nonpartisan nonprofit that defends free speech, is concerned by West Virginia University’s head football coach Rich Rodriguez’s reported directive that forbids WVU football players from posting videos of themselves dancing on TikTok because “we try to have a hard edge … and you’re in there in your tights dancing on TikTok, ain’t quite the image of our program that I want.” Rodriguez has claimed, “I’m allowed to do that. I can have rules.” We appreciate that Rodriguez wishes to project a certain image of his team to the public, but this directive violates the First Amendment rights of his student-athletes. Accordingly, FIRE urges WVU to make clear to its football program that players are permitted to post dancing videos on social media platforms.
As a public institution, WVU is bound by the First Amendment to protect student expression, including students’ right to post on social media without interference from government actors. WVU players don’t hand in their expressive rights when Rodriguez hands out shoulder pads at the start of training camp. Because student-athletes are students first, their right to free expression off the field must be commensurate to other students on campus.
The Supreme Court confirmed this principle in 2021 in its decision in Mahanoy Area School District v. B.L. In that case, the court ruled a Pennsylvania school district violated the First Amendment rights of a student member of a cheerleading team when it punished her posting, in her own free time, a picture of herself and a friend raising their middle fingers with the caption “F— school f— softball f— cheer f— everything.” As Justice Breyer presciently opined, “It might be tempting to dismiss [the student’s] words as unworthy of the robust First Amendment protections discussed herein, but sometimes it is necessary to protect the superfluous in order to preserve the necessary.”
Posting TikTok dances is a common activity among athletes. From high school to college to the professional ranks, hundreds if not thousands of athletes have taken to the platform with choreographed or impromptu dance moves. And while the performance of these athletes has little to do with their First Amendment rights, star players like last year’s Heisman Trophy winner Travis Hunter or the NBA’s Rookie of the Month Jared McCain show that just because an athlete is dancing on camera does not mean he or she is not sufficiently committed to athletic excellence.
We request a substantive response to this letter no later than March 21, 2025, confirming Rodriguez has made it clear to his players that they are permitted to post dancing videos on TikTok.
— Aaron Corpora
Program Officer, Campus Rights Advocacy, FIRE
Again, I don’t know all the ins and outs that may or may not be involved here. I don’t know if West Virginia is legally required to respond to FIRE by the date requested. I don’t know if FIRE would pursue legal action if Rodriguez does not communicate to his players that they actually are allowed to dance on TikTok, as protected under the First Amendment. Even then, would the court rule in its favor? Perhaps. FIRE makes some good points. A public school employee cannot restrict free speech.
What I do know for sure is that this entire saga is very funny from an optics standpoint. Rich Rodriguez might be the first coach in college football history to violate the Constitution because he does not want his players to dance in tights on the internet. He is now caught up in a “scandal” because of TikTok. This a first. It honestly may not be the last.
Do we think Kevin Bacon would run back his role for a modern day remake?