In a First Amendment challenge to a public school district policy prohibiting political communication via school mailboxes, the denial of the writ of mandate sought by Plaintiff is affirmed where the mailboxes were a nonpublic forum, and the regulation was content-neutral.
APPEAL from a judgment of the Superior Court of Los Angeles County, Rolf M. Treu, Judge. Affirmed. Ct.App. 1/1 A114679 & A115686
Alameda County Super. Ct. No. RG05235795
Opinion filed on June 18, 2009
Before MORENO, GEORGE, KENNARD, BAXTER, WERDEGAR, CHIN, and CORRIGAN.
Opinion by MORENO, J.
Attorneys for Appellant
Liebert Cassidy Whitmore, Bruce A. Barsook, David A. Urban and Didier Y. Reiss for California School Boards Association, Association of California School Administrators and School Employers Association of California as Amici Curiae on behalf of Defendants and Appellants.
Attorneys for Respondent
Michael R. Clancy and Christina C. Bleuler for California School Employees Association as Amicus Curiae on behalf of Plaintiffs and Respondents.
Rothner, Segall & Greenstone, Glenn Rothner, Lisa C. Demidovich and Jonathan Cohen for American Federation of State, County and Municipal Employees and Service Employees International Union Local 99 as Amici Curiae on behalf of Plaintiffs and Respondents.
Julia Harumi Mass, Alan L. Schlosser; David Blair-Loy; and Peter Elisasberg for American Civil Liberties Union of Northern California, American Civil Liberties Union of San Diego and Imperial Counties and American Civil Liberties Union of Southern California as Amici Curiae on behalf of Plaintiffs and Respondents.
The Thomas Jefferson Center for the Protection of Free Expression, Robert M. O'Neil and J. Joshua Wheeler as Amici Curiae on behalf of Plaintiffs and Respondents.
Law Offices of Robert J. Bezemek, Robert J. Bezemek, Patricia Lim and David Conway for The California Federation of Teachers, The Faculty Association of the California Community Colleges and The California Community College Independents Organization as Amici Curiae on behalf of Plaintiffs and Respondents.