On March 17, 2006, Judge Rogers dissented from a decision of a Sixth Circuit majority panel in "Brentwood Academy v. Tennessee Secondary School Athletic Association", 442 F.3d 410 (6th Cir. 2006). Contrary to the majority, Judge Rogers concluded that the First Amendment of the U.S. Constitution does not prevent government-run athletic associations from limiting or prohibiting their members from recruiting student athletes. Judge Rogers reasoned as follows: "This is no more a case involving our nation's ideal of freedom of expression than a case involving a coach who is thrown out of a game for talking back to a referee." The U.S. Supreme Court subsequently granted a writ of "certiorari" to the Sixth Circuit in the same case and took the same position as Judge Rogers on the First Amendment issue. The Court held that "antirecruiting rule strikes nowhere near the heart of the First Amendment." "Tennessee Secondary Sch. Athletic Ass'n v. Brentwood Acad".