Searcey v. Harris

888 F.2d 1314, 1989 WL 130032
Court of Appeals for the Eleventh Circuit·Decided November 21, 1989·No. No. 88-8327·Published·Cited by 34 cases

Opinion

CLARK, Circuit Judge:

The Atlanta Peace Alliance (APA) challenged the policy of the Atlanta School Board regarding access of military and nonmilitary groups to the Atlanta schools. The APA1 brought suit contending that the School Board’s refusal to grant the APA access to programs known as Career Day and Youth Motivation Day and to place information on bulletin boards and in guidance counselors’ offices violated the APA members’ First Amendment rights. The district court held that the denial of access to bulletin boards, guidance counselors and Career Day was unconstitutional. The Board has only appealed the district court’s determination that several of the regulations concerning Career and Motivational Day are unconstitutional.

[1316]*1316I. FACTS2

A major objective of the Atlanta School Board has been to improve the post-secondary opportunities available to its students, of whom 92% may be classified as “minority” and 85% classified as “poor.” The Board has created programs to motivate the students to set career and educational goals and to inform the students of the opportunities that are available. The Board has involved the community in two specific programs to accomplish these goals: Youth Motivation Day and Career Day. At Youth Motivation Day, community members come into school to share their experience and to inspire students to continue their education as the best means of achieving success. At Career Day, community members speak with students about more specific job opportunities and the skills they need to attain specific jobs. A major emphasis at both programs has been stressing the importance of finishing high school and seeking further education or training after graduation. There is no set format to these programs; some schools present several Career or Motivational Days throughout the year and others combine the two programs into one event.3 Moreover, until the experience with the APA, the School Board only had a general policy relating to career education;4 it was left to the discretion of each school principal to run the program as he or she saw fit. Generally, a program would include a keynote speaker at an assembly, after which the students would go to different classrooms to hear particular speakers. Often the speaker and the students would engage in a discussion in these smaller groups. Although the programs varied at each school, one constant was that there were no restrictions as to the content of the speeches or discussions. See, e.g., Record, Vol. 9, at 234.

In February of 1983, the APA sent a letter to each of the Atlanta high school principals requesting permission to place literature in guidance counselors’ offices, to place advertisements in school newspapers and to appear at Career Days. They submitted a plan to the Board but the Board took no action. In the meantime, two high school principals accepted the literature. In June, 1983, the APA representatives met with then Superintendent Alonzo Crim to discuss the APA’s access to the school programs. Dr. Crim agreed to distribute the materials to the guidance counselors, to allow the APA to set up a table at Career Day, to make a list of APA speakers available to the high schools, and to allow the APA to place paid advertisements in the school year books.

After some publicity about Dr. Crim’s agreement with the APA, on October 4, 1983, the School Board reviewed Dr. Crim’s decision and directed him to deny APA all access to the schools. At the same time, the Board directed Dr. Crim to develop a policy governing Career Days. In April 1984, however, the Board had not adopted any policy regarding Career Days and still completely barred the APA from the schools. The APA then filed suit in the district court contending that the School Board was violating their members’ First Amendment rights. On August 13, 1986, the district court granted partial summary judgment in favor of the plaintiffs and entered a preliminary injunction prohibiting the Board from denying the APA an opportunity substantially equal to that afforded to the military recruiters to participate in Career Days and place information on bul[1317]*1317letin boards and in guidance counselors offices. The Board filed an interlocutory appeal and this court affirmed in part, vacated in part, and remanded for further proceedings. The case then proceeded to trial on the issue of whether the denial of access to Career Day and bulletin boards and guidance counselor’s offices was unconstitutional. The district court found that the bulletin boards and guidance counselor’s offices were created public forums and that the Board had not asserted a compelling interest justifying denying the APA access. The School Board has not appealed that ruling.

Prior to trial, at the urging of the district court, the Board adopted a uniform policy relating to Career Day. The policy states that

The Board believes that schools should provide educational programs that are pertinent to the practical aspects of post-secondary life and to the world of work. The Board therefore supports “Career Day” programs as part of the general curriculum programs for our schools. Career Day is to be a program which allows students to gain career awareness and to explore career opportunities in various fields. Participants in “Career Day” programs shall have direct knowledge of the career opportunities about which they speak and shall be limited to providing appropriate information about career fields. Participants shall not be allowed to criticize or denigrate the career opportunities provided by other participants. Written information about career opportunities may also be made available to students at school sites subject to the conditions imposed above. Restrictions may not be imposed on the types of career opportunities in such material. The Superintendent shall prepare appropriate administrative regulations for the implementation of this policy.

D. Exh. 5. By trial, however, the Board still had not adopted administrative regulations to interpret the policy. When the district court deferred ruling until the regulations were adopted, the Board adopted Administrative Regulations to govern Career Days which are included as an appendix to this opinion.5 The regulations require an individual or group who wishes to participate in Career Day to provide sufficient information to the school principal to show that they will communicate information in keeping with the goals of Career Day. If a school principal denies a request to participate, the individual may appeal the denial to a Central Career Day Committee. The regulations also require participants to adhere to the regulations in their presentations. In the event that a participant violates a regulation, the Central Committee is authorized to impose appropriate sanctions including barring that individual or his group from further participation in Career Days.

The regulations also expand on the general policy with respect to who may participate and what participants may say: the regulations specifically interpret the policy’s requirement that participants have direct knowledge of the subject matter and present appropriate information. Regulation 9 interprets the “direct knowledge” requirement to include those individuals who by virtue of training, education or experience possess information that would be useful to students in making career choices. However, Regulation 9 also requires each presenter to have “some present affiliation

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Searcey v. Harris, 888 F.2d 1314, 1989 WL 130032 (11th Cir. 1989).

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