At least one of the two athletes recently dismissed from the Nebraska wrestling program is planning to take legal action against the university. An expert on First Amendment rights believes both men may have a legitimate legal case.
Paul Donahoe and Kenny Jordan were dismissed from the team last week after posing nude for a gay pornographic Web site, Fratmen.tv.
University of Nebraska-Lincoln officials have not pointed to any particular bylaw the athletes violated.
John Zelezny, a California communications lawyer and author of textbooks covering First Amendment law, said the dismissal of both athletes may constitute an infringement of their First Amendment rights.
Under the pseudonyms "Nash" and "Cal", Donahoe and Jordan appeared nude, separately, and shot solo masturbation videos.
Cal State Fullerton student-athlete Leilani Rios found herself in a situation similar to the wrestlers' in 2001. The hurdler who worked at a strip club threatened the university with a federal lawsuit after officials dismissed her from the athletic program. Her head coach said her employment "portrayed CSUF athletics in a bad light." Rios' attorney argued the university violated her right to freedom of expression, and the school quickly reinstated her.
The NCAA will have to determine whether the pictures are of two NCAA wrestlers or two amateur pornography models.
If they appeared as NCAA wrestlers, they'd be in violation of the bylaw. If they appeared as amateur models, they would likely retain eligibility.