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Perry Education Assn. v. Perry Local Educator’s Assn

    Brief Fact Summary. A teachers union was denied access to school district mailboxes to distribute informational brochures.

    Synopsis of Rule of Law. The government may reserve a forum for its purpose as long as the regulation is reasonable and not an effort to suppress views of its opponents.

    Facts. Perry Education Assn. (Petitioner) is the union for teachers in Perry Township. An agreement limited access to district mailboxes to Petitioner only. Perry Local Educator’s Assn. (Respondent) as a competitor was denied access to the mailboxes

    Issue. Is school district required to provide access to internal mailboxes to Respondent?

    Held. No. The mailboxes are not a public forum. The school district has no constitutional obligation to allow Respondent to access the mailboxes.

    Discussion. A public forum includes such public places as parks and sidewalks. All communication may not be prohibited in such areas. The regulation must be necessary to serve a compelling interest and narrowly drawn to be constitutional. On the other hand, content neutral regulations (time, place, manner restrictions) must be narrowly tailored to achieve a significant governmental interest while leaving alternative channels of communication available.


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