He’s done. If FIRE and someone from Landazza’s team couldn’t make a successful First Amendment argument in a case involving only speech, this one has no chance, none, absent some novel or overlooked argument. NYS court basically said, you’re out of luck, private entity, they can do whatever they want to you as long as it doesn’t directly contradict a written policy.
Best part of the opinion was the concurrence calling out the stupidity of the school’s policy.
I’d really like to see the suit filed by LA’s attorneys.
This is much bigger than athletics and those with a stake in the school are going to have to pursue other, creative means to effect change. Lots of options on the table.