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A federal judge upheld the WIAA's right to sign exclusive contracts for internet coverage of state tournaments today according to an article in the Appleton Post-Crescent.  



In a 51-page decision, U.S. District Court judge William Conley ruled against the Wisconsin Newspaper Association (WNA) that the WIAA's exclusive contract with When We Were Young Productions (WWWYP) does not violate the news organizations' constitutional rights.



"Ultimately, this is a case about commerce, not the right to a free press," Conley wrote in his opinion.  



Conley noted that media outlets can stream games not produced by When We Were Young Productions for a fee. As for games the company does stream, media outlets can still publish stories, offer opinions and offer limited live coverage, the judge said.



Judge Conley went on to rule that the decision "...does not stifle speech or disciminate on the basis of viewpoint...the Constitution does not require the government to assist private entities in making a profit."



The WIAA had sued the Appleton Post-Crescent and the WNA in 2008 after the Post-Crescent produced livestream coverage of four football playoff games without permission from the WIAA and WWWYP. 



"The newspapers are disappointed that the court has authorized the continued commercialization of high school sports," said Bob Dreps, the attorney who represented Gannett Co. and the newspaper association. "The newspapers are reviewing the court's decision and their options, including a possible appeal," according to the article.



"We are pleased with the court's decision obviously," said WIAA communications director Todd Clark to WSN Thursday night. "That said, it is also somewhat sobering the great deal of effort and resources that were necessary to protect our ability to conduct the membership's tournaments."