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NFL Union Report Card Ruling Avoids Tackling Speech Rights
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Law360
February 23, 2026 | By Tim Ryan
NFL Union Report Card Ruling Avoids Tackling Speech Rights
Law360 consults Stephen Zashin on NFL news hot topic:
Stephen Zashin, managing partner of Zashin & Rich who represents employers in sports and other industries on labor matters, said Article 51 is quite broad in the scope of what it prohibits and relatively unique in his experience negotiating labor contracts.
"I would tell you, it's a very unusual provision in the contract; in fact, I don't think I've ever seen one like this before," Zashin said. "But that doesn't mean that the parties aren't free to agree to such a provision."
…
Zashin said the dispute highlights the importance of recognizing the rights that a party is potentially negotiating away when agreeing to language in a labor contract. The limitation in Article 51 is a broad waiver of speech rights that left the door open to the type of decision that Buchheit issued, Zashin said.
"This to me raises the question of whether or not the people who negotiated this really understood the rights that they were giving away when they gave them away," Zashin said.
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