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EAST HIGH GAY/STRAIGHT ALL. v. Board of Educ.

Citations: 81 F. Supp. 2d 1166; 1999 U.S. Dist. LEXIS 20250; 1999 WL 1103365Docket: 2:98-mj-00193

Court: District Court, D. Utah; October 6, 1999; Federal District Court

Narrative Opinion Summary

This case involves a challenge against the Salt Lake City School District's policy restricting non-curricular student groups from accessing school facilities, filed by the East High Gay/Straight Alliance and individual minor plaintiffs. The plaintiffs argue that the policy violates the Equal Access Act and the First Amendment by discriminating against their 'gay-positive views' while allowing other non-curricular groups access. Both parties moved for summary judgment, asserting no disputed material facts, and supplemental briefs were submitted following a court hearing. The court is tasked with determining whether the school district's actions constitute unlawful viewpoint discrimination and whether the forum is a limited public forum as defined by law. The plaintiffs seek to establish that the district's policy effectively creates a limited open forum, granting them access rights under the Equal Access Act, while the defendants contend that their policy is a reasonable restriction aligned with educational objectives. The court's decision will impact the plaintiffs' ability to meet as a recognized student group and address broader questions of free expression in educational settings.

Legal Issues Addressed

Curricular vs. Non-curricular Student Groups

Application: The determination of whether student groups are curricular is central to the case, affecting their access rights under the Equal Access Act.

Reasoning: The legal definition of 'curricular' student groups, as established in Board of Education of Westside Community Schools v. Mergens, indicates that a group is considered curricular if its subject matter is taught or will be taught in a course, relates to the body of courses, is required for a course, or results in academic credit.

Equal Access Act and Student Group Access

Application: The court considers whether the school district's policy improperly denied access to non-curricular student groups, in violation of the Equal Access Act.

Reasoning: The Equal Access Act of 1990 was enacted to reinforce students' freedom of expression by prohibiting discrimination based on viewpoint, opinion, or belief in public secondary schools that have a limited open forum.

First Amendment Rights in Educational Settings

Application: Plaintiffs argue that their exclusion from school facilities based on their viewpoint violates the First Amendment, which extends to public schools through the Fourteenth Amendment.

Reasoning: The First Amendment's broad scope limits government actions that could control or censor content, ensuring a space for free expression, as articulated in landmark cases like Dennis v. United States and Tinker v. Des Moines.

Forum Analysis and Public School Settings

Application: The court evaluates whether the school district's forum for student expression qualifies as a limited public forum, impacting the plaintiffs' access rights.

Reasoning: The nature of the property influences the right of access and the standards for evaluating restrictions. Traditional public forums, like parks and sidewalks, permit unrestricted expression, with exclusions only permissible to serve compelling state interests in a narrowly tailored manner.

Viewpoint Discrimination in Public Forums

Application: The plaintiffs assert that the school's policy constitutes viewpoint discrimination by excluding 'gay-positive views' from the limited public forum.

Reasoning: Government entities can designate specific 'classes of speakers' and select the general subject matter within a limited public forum, but they cannot discriminate against particular viewpoints expressed within that subject matter.