Perry Education Association vs. Perry Local Educators’ Association

460 U.S. 37 (1983)

by

Corey Lear

Facts:

In the state of Indiana the Perry Education Association (PEA) was certified as the exclusive representative in the Perry Township school system in 1977. Because of this the school district only permitted the Perry Education Association to have access to the interschool mail system. A rival organization, the Perry Local Educators’ Association (PLEA) wanted to use the mail system but was not allowed to do so.  The PLEA said this violated the Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

Decision:

The Supreme Court of the United States said that the interschool mail system was not an open forum and the state may reserve the use of property as long as a regulation on speech is reasonable, but must insure that all modes of communications are allowed while a representation election is in progress. Since an election was not in progress, PEA could be given exclusive access to the interschool mail system.

Basis of the Decision:

The statute did not violate the First Amendment due to the fact that the interschool mail system was not a public forum.