School district may place limitations on a parent's/spectator's free speech rights during athletic events.

The plaintiff parent sued the school district in the U.S. District Court for the Eastern District of Pennsylvania under 42 U.S.C.S. § 1983, alleging various constitutional violations arising from the district's operation of a basketball program. The parent had two sons of mixed race who were on the district's basketball teams. The parent sent a number of correspondence to coaches complaining about alleged favoritism toward white players. The school principal informed the parent that his correspondence was in violation the district's parent/spectator guidelines and did not allow the parent to attend the next home game. The court of appeals found that the sanction did not violate the parent's free speech rights. In order to achieve an effective and efficient athletic program, school officials could properly condition participation in athletics with a greater limitation of constitutional rights, including the right to free speech, than might otherwise be permissible. The district's guidelines were reasonable and designed to enhance the educational and athletic experience of the students. The guidelines did not prohibit criticism, but regulated the time, place and manner in which such concerns were expressed. The parent was sanctioned because he violated the guidelines by using language denigrating coaches and young players.

Case Law Alerts - 2nd Quarter 2013