In the 2006 case of Tennessee Secondary School Athletic Association v. Brentwood Academy, the U.S. Supreme Court ruled in favor of the Tennessee Secondary School Athletic Association (TSSAA), a not-for-profit organization that regulates interscholastic sports among member schools in Tennessee. The dispute arose when Brentwood Academy was penalized by TSSAA for violating its recruiting rules by sending letters to eighth-grade students inviting them to attend spring football practice sessions before they had formally enrolled at Brentwood. The academy sued TSSAA, arguing that their First Amendment rights were violated by this penalty as it restricted their freedom of speech. The court held that even though TSSAA is a state actor subject to constitutional scrutiny due to its regulatory role over public high school athletics, its enforcement of recruitment rule did not violate First Amendment's free speech clause because it served legitimate interests such as preventing undue influence over student-athletes and maintaining competitive balance among schools without unnecessarily prohibiting more speech than required.

In the dissenting opinion for Tennessee Secondary School Athletic Association v. Brentwood Academy, Justice Thomas argued that the First Amendment does not apply to rules set by athletic associations regarding recruitment practices. He contended that such regulations are necessary to maintain a level playing field among schools and prevent undue influence over student-athletes' decisions about where to attend school. The majority's decision, he believed, could undermine these goals by allowing wealthier schools with greater resources for recruiting efforts an unfair advantage in attracting top athletes. Furthermore, he disagreed with the majority's view that enforcement of anti-recruiting rules constitutes state action subject to constitutional scrutiny because private athletic associations like TSSAA are not governmental entities and their actions should not be treated as such under law.