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Was Kentucky Right To Disinvite The Kentucky Kernel For Violating Their Media Policy?

This story was a major Twitterburst last night, particularly among media members including Andy Staples of Sports Illustrated, Brian Edlridge of Kentucky Sports Report, and Matt Jones of Kentucky Sports Radio.  Here are the essential facts as I understand them:

  • The Kentucky Kernel is the UK student newspaper;
  • The sports reporter from the Kernel, Aaron Smith, called two students recently disclosed as UK walk-ons, Brian Long and Sam Malone, to confirm that they were walking on to UK.  Both players said "Yes."
  • He then requested an interview with them.  They both declined.
  • UK's media policy requires reporters to contact UK Media Relations to get access to players, which Smith did not do.  This was construed as a violation of that policy, which at least the interview request seems to be.
  • DeWayne Peevy, Assistant Athletics Director for Media Relations, apparently contacted Smith after this incident and informed him that he was no longer invited to attend a special media availability for which certain media members had been selected by UK to meet the UK players and get eight minutes with each of them. 

According to the Herald-Leader, Peevy characterized this as "punishment" according to the Herald-Leader's reporting:

[Kentucky Kernel Editor in Chief Taylor Moak] said, too, that Peevy used the word "punishment" in telling Smith that he was rescinding the invitation; Peevy told the Herald-Leader he used the term "for lack of a better word."

Star-divide

Of course, the Kernel is displeased about having Smith's invitation revoked, even if, according to Peevy, it is just for this event. Here is Peevy's argument in a nutshell, in the Kernel's reporting of the incident:

[Peevy] said there has to be "some sort of trust" between UK Athletics and any reporter given access to this round of interviews because information received during them is supposed to be embargoed until Oct. 1.

...

Peevy said that he did not have a problem with Smith reporting the news, but once Smith found out Long and Malone were student athletes, he should not have attempted to interview them without first contacting Media Relations. Peevy said UK Athletics’ policy is for reporters to contact Media Relations if they want to talk to a player.

What Peevy is suggesting in this article is that by violating the UK policy, Smith called into question whether or not he could be trusted to comply with the media embargo on reporting about today's media availability until next month.  In addition, Peevy is saying that the violation was the attempted interview, not the contact.

John Fleischaker, a prominent Louisville first amendment attorney and attorney for the Courier-Journal as well as the Kentucky Press Association, characterized Peevy's action as a first amendment violation in the Herald-Leader story:

The decision to ban the writer "is so clearly a violation of First Amendment rights for the university to condition access on gathering or publishing information the way the university wants you to do it," said Kentucky First Amendment lawyer Jon Fleischaker.

I am not qualified to gainsay Fleischaker in this matter, but I am suspicious of this statement for a couple of reasons:  First of all, Smith wasn't "banned."  Peevy clearly intimated that this single event was the only consequence of Smith's action, and that this event was restricted to a select few, not a general media availability.  Second, it seems to me that the University has some rights to control access to players for a whole host of reasons.

The question that arises in my mind is this -- if UK has the authority to grant access to some, but not necessarily all media to a given event, does not that give them the implicit right to revoke said access for good cause ?  The question of whether or not the policy violation was a good enough cause is certainly fair, but it is subjective.  In Peevy's mind it is, and I can't see a good reason why the judgment of the Kernel, Fleischaker, or anyone else should be substituted for his in this matter.

Could Peevy have handled it better?  Probably.  In my personal opinion, a mere "Come to Jesus" phone call would have been more than sufficient to set Smith's mind right about the proper protocol.  With that said, Peevy's response appears to be within the bounds of reason, if a touch strict.  This is the UK student newspaper we are talking about, after all.

So what do you think?

Poll
Should Kentucky have revoked Aaron Smith's access to the special media event on Tuesday?
Yes, absolutely.
96 votes
Maybe, I'm not sure
26 votes
No, it was excessive
46 votes
No, it was a first amendment violation
12 votes
What, me worry? Bring on the football game!
19 votes

199 votes | Poll has closed

Comment 50 comments  |  0 recs  | 

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Aaron knows the rules, just like the rest of us.....

he got his hand smacked for breaking them…..no big deal.

He will remember the next time, and everyone else will remember as well.

We all know the rules when it comes to players. And DeWayne Peevy is doing his job by protecting access to them. Time for Aaron to put on his big boy underoos and move on.

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 10:18 AM EDT reply actions  

As no shock

“What, me worry? Bring on the football game!” got my vote.
But…how long has it been since we added two new walk-ons so early? Maybe so long ago that they thought only scholly players were off-limits pre-season? I don’t know, just thinking out loud.

Blue... there is no other color to Bleed !!!

by a2d2 on Aug 30, 2011 10:41 AM EDT reply actions  

Agree with you Tru...

Since he is a student reporter with the Kernel…I think a stern phone call and reminder of the rules would have been sufficient. Had he been a professional journalist, the “punishment” would have been appropriate.

by cpacat on Aug 30, 2011 10:44 AM EDT reply actions  

Yeah.

I think we’re on the same page here. Still, I can’t really criticize Peevy – his actions may have been a touch too tough for my taste, but they are well within reason.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Aug 30, 2011 10:46 AM EDT up reply actions  

cant buy that one cpa.....kernel gets the exact same access as all other media....

so they should be treated the same……Peevy doesnt play favorites….he treats all of us who have access to the Cats equally when it comes to following the rules

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 10:47 AM EDT up reply actions  

Gotta ask

How much access do you have? ’-) We need more access.

Blue... there is no other color to Bleed !!!

by a2d2 on Aug 30, 2011 11:01 AM EDT up reply actions  

pressbox, after game interviews, etc.

same as other when it comes to games, but seniority is what gets you more than that

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 11:06 AM EDT up reply actions  

Peevy's own words dispute that comment, Greg.

Go back and read the articles.

It’s not really material to me whether they get the same access or not, but according to Peevy, this is the first time the Kernel has been invited to these interviews. That doesn’t seem to support your statement.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Aug 30, 2011 12:36 PM EDT up reply actions  

My point was in penalizing someone

This media event was strictly for those outlets that produce a seasonal guide to SEC Football as I read it…….

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 12:54 PM EDT up reply actions  

and I read both articles already..one of them twice even.....lol

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 1:05 PM EDT up reply actions  

Is this kid a new reporter?

And, I assume there are other Ky. Kernel sports reporters who could attend.

No matter where you're at, there you are

by cincyblue on Aug 30, 2011 10:48 AM EDT reply actions  

he is the kernel's sports editor.....been there a while and done it all

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 10:50 AM EDT up reply actions  

He should have known, then

And I am assuming the paper can send someone else to today’s interviews

No matter where you're at, there you are

by cincyblue on Aug 30, 2011 10:53 AM EDT up reply actions  

no ....no access for the kernel for this at all....one time deal

and Peevey’s issue is that the info obtained in the interviews cannot be released until Oct 1, and he said he was not sure that Aaron could be trusted not to release the info, since he cannot follow UK policy.

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 10:58 AM EDT up reply actions  

I'm

not a lawyer but I find it highly suspect that this could be considered a violation of the first amendment. It’s a private invitation event only. I don’t think freedom of the press comes into play at all.

Aside from that. The rules of the university are the rules of the university and for good reason. They don’t want the athletes getting bombarded with interview requests and prefer to have that go through media relations instead to shield the athletes from it.

I say everyone should shut up about it and move on. Matt Jones got in trouble for releasing some information 5 minutes early last year and no one defended him for breaking a UK rule. He got hammered by other media. Sounds like a bunch of hypocrites myself, although Jones is considered rogue.

by Clint Phelps on Aug 30, 2011 11:04 AM EDT reply actions  

Seems

like the other media treat him that way though, because of how he acts. Not saying they are right or wrong. But he’s not considered “real” media by most other media.

by Clint Phelps on Aug 30, 2011 11:22 AM EDT up reply actions  

some people dislike Matt just because he is an arrogant SOB......lol...that's all

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 11:12 AM EDT up reply actions  

you can count me in that group

No matter where you're at, there you are

by cincyblue on Aug 30, 2011 11:13 AM EDT up reply actions  

lol

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 11:15 AM EDT up reply actions  

I

Don’t like his arrogance any more than the next guy. Just pointing out the hypocrisy.

by Clint Phelps on Aug 30, 2011 11:21 AM EDT up reply actions  

oh, youre right, but in Jones case, its allowable to some.....lol

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 11:22 AM EDT up reply actions  

haha

A good kick in the nuts to bring him back to earth, eh?

by Clint Phelps on Aug 30, 2011 11:23 AM EDT up reply actions  

that would put so many grins on peoples faces around the world.......lol

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 11:24 AM EDT up reply actions  

Good Gravy

This is just silly and could have been kept off the front page with a small deft move. It may cause others to do the same thing to get UK’s goat.

by westcoastKYfan on Aug 30, 2011 11:25 AM EDT reply actions  

Not sure I understand that one.

This has happened before when a specific reporter was temporarily denied press passes. The newspaper in question simply refused to go under the rubric that they get to decide who covers a story, not UK.

The only reason this is drawing so much comment is because it is probably stricter than most people would expect for such a little thing.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Aug 30, 2011 12:39 PM EDT up reply actions  

The only reason this story went national...

…was because there are several national writers who love nothing more than to find a reason to take shots at UK.

Dayman, Fighter of the Nightman, Champion of the Sun

@btcoop71

by btcoop71 on Aug 30, 2011 11:46 AM EDT reply actions  

exactly

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 11:47 AM EDT up reply actions  

I don't think that's entirely fair.

A lot of writers chafe at schools when they do this sort of thing. It’s not an attempt to “get” UK.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Aug 30, 2011 12:41 PM EDT up reply actions  

From the Kernel article
Kernel editors have not decided whether they will pursue legal action for violation of First Amendment rights.

Pick another battle, guys. This wouldn’t happen for free.

.

"I watch (UK) every night... I am going to support them for the rest of my life. I'm a Wildcat for the rest of my life." -- JWall, 2/8/11

by HSLex on Aug 30, 2011 11:47 AM EDT reply actions  

Remind me not to let you do the photos for my memoirs when they are published......lol

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 12:20 PM EDT up reply actions  

I have tons of them

Dayman, Fighter of the Nightman, Champion of the Sun

@btcoop71

by btcoop71 on Aug 30, 2011 12:33 PM EDT up reply actions  

To quote a great American:

.
“Those guys look like they got their clothes at the Rock’n’Roll store at the mall…”

— Beavis

.

"I watch (UK) every night... I am going to support them for the rest of my life. I'm a Wildcat for the rest of my life." -- JWall, 2/8/11

by HSLex on Aug 30, 2011 1:12 PM EDT up reply actions  

Lovin' coop's photos

He seems to have one for every occasion, and they always make me smile. Keep ‘em comin’, coop!

by Acdixon on Aug 30, 2011 12:52 PM EDT up reply actions  

Really.

That’s just there to make them feel better. It’s never going to happen.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Aug 30, 2011 12:31 PM EDT up reply actions  

1st amendment violation...no way.

This is not a 1st amendment story, the team has done nothing to prevent the freedom of the press, namely the Kernel, from publishing what it wants. What it has done is imp;ement a long standing policy to prevent student athletes from being hounded and ambushed by the press while they are on campus.
And in this period of the Shapiro revelations, I can imagine sports reporters (whether students or professional) drooling over the recognition that comes from breaking a story like Dan Wetzel’s at UM.
Take Shapiro’s statement :
"Miami is not the school where payouts are made to prospective student athletes," Shapiro said.

"Miami is a private institution, it’s in a transient city. We didn’t have the money to pay recruits. There is so much more money in big public universities. In the SEC, the money is an endless river."

Hope it isn’t true, just Shapiro’s rationalization for his own bad behavior, but I can see student editors tasking their reporters to go out their and dig up the dirt on the basis of this comment.
And the pressure is going to be up to find some “dirt”, and that doesn’t come from the teflon coated PR reps of the teams, it will come from the disgruntled players or would be players of the various schools. So the need to protect the program and the players is going to ramp up, whether the program is clean or dirty, the players have to have a chance to be students too.

by blenheim bard on Aug 30, 2011 11:52 AM EDT reply actions  

1 slight correction

Wetzel – while very good – didn’t break the Miami story, Charles Robinson did.

Age is always advancing. And I believe it's up to no good. - Harry Dresden

by JLeverenz on Aug 30, 2011 1:20 PM EDT up reply actions  

addendum..

Hit the post button too soon, and meant to add:

Having been quoted and misquoted in the papers more than once, and on less contentious issues than this, I can fully understand why public figures take extreme measures to insure to control what is attributed to them by the press.

and I am not a public figure in any sense of the word. I can only imagine what it is like when everything you say is subject to being quoted, and every thing you do and every facial expression is put under the microscope.

Nothing so maddening as talking to a reporter for ten minutes about an issue, only to have it reduced to two sentences which completely twist your answer, and you spend the next two weeks explaining that the reporter got it wrong, and that’s only to the people you get to face-to-face with.

And at UK and in the state of Kentucky, anyone connected to the basketball team is a public figure, whether that is fair or not.

by blenheim bard on Aug 30, 2011 12:05 PM EDT reply actions  

What we have here is a civil rights dispute

The kernel is claiming freedom of the press

Peevy is claiming right to privacy……

A civil case from a phone call to a walk-on at UK

It never ends…..lol

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 12:25 PM EDT reply actions  

Headed To Supremes No Doubt

Another manufactured media event.

"Statistics are no substitute for judgment" — Henry Clay (my namesake)

by Wild Weasel on Aug 30, 2011 12:41 PM EDT reply actions  

This is so silly

Everybody knows the rules, everybody. And with so many “media” types now able to get credentials to UK events and access to players (something Peevy and Barnhart are responsible for), everyone following the rules (which once again, everyone knows), is of the utmost importance.

When I first heard about this, my initial thought was that Smith, because the player he contacted is a walk-on, probably didn’t think the player contact rules applied. He was wrong, and now he knows it.

Is Peevy being tough, yes, but that’s his M.O. and his prerogative.

by Ken Howlett on Aug 30, 2011 3:25 PM EDT reply actions  

Almost forgot to add

Rick Pitino once banned Alan Cutler from the UK locker-room, mid-week media ops and post-game ops because Cutler was acting like an idiot (asking stupid questions). Nobody seemed to care much then, but of course the Internet was at the time a tiny, crying, infant.

by Ken Howlett on Aug 30, 2011 3:32 PM EDT up reply actions  

just like Cutler in those days.......lol

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 30, 2011 4:18 PM EDT via mobile up reply actions  

my bad

It was Wetzel;s byline on the story on Yahoo when I went back to search out the quote and I did not think….duh.

Al (Cat fan in Canada)

by blenheim bard on Aug 30, 2011 3:45 PM EDT reply actions  

no problem

Ordinarily I wouldn’t care, but from what I’ve read Robinson did a ton of work on that story and it’s good that he receives the proper credit for it.

Age is always advancing. And I believe it's up to no good. - Harry Dresden

by JLeverenz on Aug 30, 2011 3:59 PM EDT up reply actions  

I discussed this with the Kernel's Editorial Editor

… from the late ‘70s. She happens to live with me. Her reaction: much ado about little. Peevy revoked an invitation, a privilege. (It is the unanimous opinion of the lawyers in this household that the Kentucky First Amendment lawyer is talking out of his Fleischaker.) The former editor’s biggest concern was whether the reporter, who was also the Managing Editor of the paper, knew the UK Media Relations policy and understood that he was violating it when he asked for an interview.

And a question that struck us both: How important can this policy possibly be if UK Media Relations hasn’t bothered to commit it to writing? If it were written down somewhere, Peevy would at least be able to waive it in the air while making his point. “See? It says so right here.” Unwritten policies aren’t worth the paper they’re written on. (Copyright 2011, Wheatgerm Industries)

My question: Would the reporter have been better served by asking the second question first? The sequence seems critical to Peevy’s position. Once the players confirmed they were walk-ons, kaboom, the reporter has notice, the policy kicks in, and the second question should never have been asked. But if all the reporter has is a tweet, with no word from the university or coach, his first question should have been whether the students would like to say a few words for the school paper. If they say no, fine. What can Peevy argue? That third-party tweets speak for the university? But if the students volunteer, and they confirm their status as walk-ons only after the investigation/interview has begun, the policy can no longer serve its purpose, namely, to prevent student-athletes from being “bombarded with interview requests constantly.” At that point, the horse is out of the barn. The bridge is crossed. The bell has rung. The toothpaste is out of the tube. (I had one more, but it escapes me.) Yes, I think that was the reporter’s tactical mistake.

by Wheatgerm on Aug 30, 2011 9:20 PM EDT reply actions  

Turns out it is written down WG........even John Clay, who is an adviser to the kernel's

sports staff, admitted that. But his contention is that they had not “officially” been named as players yet, so the rule does not apply

I am now and shall forever be the Cat in The Hat, The Artist Formerly Known As ABC!!!

by Greg Alan Edwards on Aug 31, 2011 7:41 AM EDT up reply actions  

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