Preserving America's Game

SI-generated grade · five published checks · not individually reviewed by a person · methodology

Executive Order 14396 fails all five constitutional checks. It exceeds federal enumerated powers by attempting to regulate private broadcast scheduling of college football games, directly infringes on First Amendment free speech and press rights, violates individual sovereignty by restricting what broadcasters and viewers may choose to air and watch, centralizes decision-making at the federal level where no government involvement is needed, and bypasses due process by coercing private entities without statutory authority. The order also references a nonexistent 'Department of War,' which was renamed the Department of Defense in 1947, further undermining its legal basis.

• ✗ Concern · Enumerated powers
  The President cites no specific constitutional or statutory authority for this order. Article I, Section 8 enumerates limited federal powers, none of which include regulating the scheduling of private college football broadcasts. The Commerce Clause (Article I, Section 8, Clause 3) does not grant the federal government power to dictate broadcast timing for non-commercial speech events. The FCC's a…
• ✗ Concern · Bill of Rights
  The order directly violates the First Amendment by compelling broadcasters and the CFP to refrain from airing certain content during a specific time window. This is a content-based restriction on speech and press. The government cannot mandate that private broadcasters prioritize one game over another absent a compelling interest, and protecting a football game's viewership does not meet that stan…
• ✗ Concern · Individual sovereignty
  The order restricts the freedom of broadcasters, the CFP, and individual viewers to choose what to produce, air, and watch. The government has provided no compelling constitutional justification for overriding these private choices. The burden is on the government to justify the restriction, and protecting a single football game's exclusivity does not meet any recognized compelling interest such a…
• ✗ Concern · Decentralization
  This action fails all four questions of the decentralization test. (1) Individuals and families can decide which games to watch without government involvement. (2) Local communities and counties can manage broadcast scheduling without state involvement. (3) States can regulate their own college athletics without federal involvement. (4) This order consolidates decision-making at the highest level …
• ✗ Concern · Due process and takings
  The order attempts to coerce private entities (CFP, NCAA, broadcasters) into altering their contractual and scheduling arrangements without any statutory authority or judicial process. This violates procedural due process by imposing obligations without fair notice or a hearing. It also potentially effects a regulatory taking of broadcast rights and contractual interests without just compensation,…

Sources: Federal Register: Executive Order 14396