Winning Inside Out: How the Creation of Protective Mental Health Clauses Could Elevate Professional Athlete Performance

Volume 31 Issue 2 Article 5 7-1-2024 Winning Inside Out: How the Creation of Protective Mental Health Clauses Could Elevate Professional Athlete Performance Hannah Posencheg Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Contracts Commons Recommended Citation Hannah Posencheg, Winning Inside Out: How the Creation of Protective Mental Health Clauses Could Elevate Professional Athlete Performance, 31 Jeffrey S. Moorad Sports L.J. 445 (2024). Available at: https://digitalcommons.law.villanova.edu/mslj/vol31/iss2/5 This Comment is brought to you for free and open access by the Journals at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Jeffrey S. Moorad Sports Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. For more information, please contact . WINNING INSIDE OUT: HOW THE CREATION OF PROTECTIVE MENTAL HEALTH CLAUSES COULD ELEVATE PROFESSIONAL ATHLETE PERFORMANCE I. I ntroduction : S couting O ut M ental H ealth C oncerns in P rofessional A thletes Viewership of professional sporting events is a pillar of American entertainment.1 Americans are intrigued by the multi-faceted nature of sports, and professional athletes and their impactful presences on and off the field.2 Whether it be sponsorships or partnerships, involvement in charitable organizations, sports betting, or scandalous headlines, the events off the field are equally as entertaining to fans as those on the field.3 Regardless, sports leagues are the multi-media platform for which professional athletes begin 1. See Brad Adgate, The Audience Disparity of NFL Games and Everything Else Widens, Forbes (Jan. 12, 2023, 9:57 AM), https://www.forbes.com/sites/bradadgate/ 2023/01/12/the-audience-disparity-of-nfl-games-and-ever ything-else-widens/ ?sh=65aef28b113a [https://perma.cc/SV3V-4Y8P] (explaining popularity of sports viewership on television last year); see also Anthony Crupi, 2022 TV Recap: It’s the NFL’s World; The Rest of Us Just Live In It, Sportico (Jan. 6, 2023, 5:55 AM), https:// www.sportico.com/business/media/2023/nfl-games-account-for-82-of-100-top-tvbroadcasts-1234700381/ [https://perma.cc/V2SY-MV22] (highlighting statistics that sports accounted for ninety-four out of one hundred most-watched telecasts in 2022, and National Football League accounted for eighty-two of those ninety-four). 2. See Maureen A. Weston, The Anxious Athlete: Mental Health and Sports’ Duty and Advantage to Protect, 13 Harv. J. Sports & Ent. L. 1, 3 (2022) (exploring the multifaceted identities of professional athletes and their societal influence beyond the field). Sports differ from other entertainment industries because professional athletes are multi-faceted beings. See id. (describing athletes’ ability to gain attention from fans and society aside from their athleticism). These individuals are athletes of course, but they are also businesspeople, social media stars, models, and celebrities. See id. (noting aspects of athletes’ lives outside of sports that fans are attracted to). Essentially, the public is intrigued by athletes for more than just their physical skill. See id. (listing elements that make athletes distinct apart from their athletic skill such as tattoos, personalities, and marketability). 3. See Ronen Ainbinder, How Athletes Became Celebrities?, Sports, Tech, Biz (May 29, 2020), https://www.sportstechbiz.com/p/how-athletes-became-celebrities [https://perma.cc/MX3Q-H7YZ] (highlighting impact social media has on athletes’ public presence). The rise of social media and modern technology advances have allowed professional athletes to control their image and create their own brand. See id. (outlining two different ways athletes use their name and image: celebrity licenses and celebrity endorsements). Professional athletes now attract massive public attention not only because of their skill, but because of their celebrity status. See id. (describing this public attention as manifestation of “profound appeal on consumers and particularly in young followers and fans”). (445) 446 J effrey S. M oorad S ports L aw J ournal [Vol. 31: p. 445 their long careers, and more importantly, as celebrities in perpetual spotlight.4 In recent news, professional athletes are speaking out about the toll the constant spotlight and intense pressure takes on their mental health, sharing their struggles more openly than ever.5 Nearly one in every five Americans, including professional athletes, experience anxiety, depression, or other mental health issues.6 In the last couple of years, many athletes have spoken up about their mental health challenges and how these challenges have interfered with their lives both on and off the field.7 Notable athletes like Aly Raisman, Michael Phelps, Naomi Osaka, Serena Williams, Ronda Rousey, and Abby Wambach have recently advocated for increased awareness, resources, treatment, and attention to athlete mental health.8 Professional athletes who have spoken out about their mental health challenges have been met with mixed reactions.9 While some athletes have been given support from their fellow athletes and 4. See Weston, supra note 2, at 3 (describing unique nature and status of professional athletes in society). 5. See Christina Vogt, 9 Football Players Who’ve Spoken Up About Mental Health, Everyday Health, https://www.everydayhealth.com/emotional-health/footballplayers-whove-spoken-up-about-mental-health/ [https://perma.cc/X8FB-PH8J] (last visited Feb. 19, 2024) (explaining prevalence of mental health issues in athletes and their recent decisions to speak out); see also Erin McDowell, 12 Athletes Who’ve Spoken About Their Mental Health Struggles, Bus. Insider (June 6, 2021, 9:30 AM), https://www.insider.com/athletes-mental-health-struggles-depression-2021-6 [https://perma.cc/45UN-KJYE] (providing list of famous athletes who have spoken out about personal mental health struggles). 6. See Vogt, supra note 5 (providing statistic that one in every five Americans experience mental health issues). 7. See McDowell, supra note 5 (explaining impact mental health challenges have on professional athletes’ jobs and lives). 8. See id. (listing athletes who have spoken out about mental health and their goals for mental health awareness). These athletes have called for erasing the stigma surrounding mental health issues, encouraging an open dialogue around asking for help, and creating a support system for their teammates. See id. (quoting Serena Williams’ support for Naomi Osaka’s withdrawal from French Open saying, “I wish I could give her a hug because I know what it’s like”); see also Juliet SpiesGans, Ronda Rousey Isn’t Ashamed of Opening Up About Her Mental Health, HuffPost (Feb. 24, 2016, 10:44 AM), https://www.huffpost.com/entry/ronda-rousey-mentalhealth_n_56cdc177e4b0ec6725e4887c [https://perma.cc/ZS2H-W9H8] (detailing Ronda R (...truncated)