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State U Is a Publicly Funded University That Operates a Successful

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State U is a publicly funded university that operates a successful athletics department. Recently, a few members of State U's football team have secured individual endorsement deals with a prominent beverage company. Notably, these deals were negotiated directly between the individual players and the beverage company; State U is not a party to the agreement nor is every player on the team. The beverage company has asked that its logo be placed on the respective players' State U jerseys that they wear on game days. One Saturday in the fall, the respective players arrive on game day with the beverage company's logo sewed onto their jerseys. State U objects and tells the players they will be suspended if they do not remove the beverage company's logo from their jerseys. The players refuse to remove the beverage company's logo from their jerseys and are suspended. Below, analyze whether the players can successfully assert a violation of their First Amendment right using applicable commercial speech theories.

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The players may have a valid argument th...

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