But, if the owners were acting for the government—or under government threat or compulsion—then, as Sir Edward Plowden might once have said, the case is altered. The First Amendment really would come into play.

The First Amendment does not just protect the players against prosecution for crime. Under a long line of cases, it also forbids any kind of official retaliation because of their protected speech. Retaliation cases are a staple of public employee law; teachers, say, or other government workers may speak—outside of work—about public matters and find themselves demoted or fired not long afterwards. If the employee can show that the adverse action was taken because of the protected speech, then whoever ordered the retaliation can be sued for violating free-speech rights.

So what, right? The owners aren’t the government.

Or—are they?