Perry Education Association v. Perry Local Educators' Association (1982)
- Docket
- 81-896
- Decided
- 1982-01-01
Summary
Question: Does a local school board violate the First Amendment by disallowing a nonofficial teachers union from using its internal school mail system? Conclusion: No. Justice Byron White delivered the opinion of a 5-4 court. The school board chose to grant exclusive access to the official teachers union in order to facilitate a collective-bargaining agreement. It did not act to suppress the speech of rival teachers unions. The school board entrusted PEA with obligations as the sole representative of teachers that would require the use of the mail system. PLEA did not have these obligations and could communicate effectively though many other channels. Since the mail system was not a "public forum," PLEA had no unassailable right to access it. In his dissent, Justice William J. Brennan Jr. contended that the mail system constituted government property and PLEA lost access privileges because its viewpoints differed from those of the official union.