The Run for the Roses Meets the First Amendment: An Examination of Desormeaux v. Kentucky Racing Commission and the Constitutionality of Prohibitions on Jockey Advertising

Authors

William P. Barnette, Corporate Counsel-Commercial Litigation for The Home Depot

Abstract

Desormeaux v. Kentucky Racing Commission raises a number of significant First Amendment issues. After providing the background of the case and discussing issues related to jockey advertising, this article will analyze the Desormeaux plaintiffs' claims under a variety of First Amendment doctrines, including: political speech, commercial speech, public employer, and public forum. The article concludes that the jockeys present a strong First Amendment challenge to the regulation as applied in Desormeaux, but that on the larger issue of jockey advertising the Commission has valid arguments in support of the prohibition.

Recommended Citation

William P. Barnette, The Run for the Roses Meets the First Amendment: An Examination of Desormeaux v. Kentucky Racing Commission and the Constitutionality of Prohibitions on Jockey Advertising, 52 Clev. St. L. Rev. 371 (2004-2005)