Client Alert - Media - 7th Circuit Finds That A High School Athletic Association Can Enter Into Exclusive Contracts For Live Streaming

In an August 24, 2011 decision (Wisconsin Interscholastic Athletic Association v. Gannett Co., Inc., Case No. 10-2627), the Seventh Circuit Court of Appeals held that the Wisconsin association overseeing high school sports ("WIAA") can limit who streams its games live on the Internet.  The court held that the WIAA has the right to enter into exclusive contracts for live streaming of its events, and that the First Amendment does not entitle other media to claim the same broadcasting rights without paying for them.  The decision could have First Amendment implications for media outlets nationwide.