Protecting the Free Speech Rights of Insurgent Teachers’ Unions: Evaluating the Constitutionality of Exclusive Access to School Communications Facilities
Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to justify the school board’s viewpoint discrimination. This Note concludes that an exclusive access policy not strictly related to EBA activities is unconstitutional, and that school boards must provide equal access for insurgent unions.