First Amendment Flagged

By Shawn Healy

The Supreme Court yesterday, in another unanimous First Amendment decision, ruled that the Tennessee Secondary School Athletic Association (a state actor according to a separate 2001 decision) did not violate the First Amendment rights of Brentwood Academy's football coach who mailed recruiting letters to prospective players prior to their matriculation.

Justice Stevens, joined in judgement by his eight peers, but limited by the five conservatives through concurring opinions, said that because Brentwood joined the TSSAA voluntarily, some standards restricting free speech are permissible, this one seeking to level the playing field for other high schools, particularly public ones competing against a perennial contender.

Concurring opinions by Justices Kennedy and Thomas arguably limit the scope of the decision's First Amendment impact, applying it largely to the specific context of this case. The conservative majority (Kennedy, Thomas, Roberts, Scalia, and Alito), in an ironic twist of fate, seems to be evolving into staunch defenders of freedom of speech. This formula will be tested in the next week when the Bong Hits 4 Jesus decision is unveiled.