Robert Downs v. Los Angeles Unified School District
16 I.E.R. Cas. (BNA) 1238, 228 F.3d 1003, 2000 Daily Journal DAR 9901 (2000)
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Rule of Law:
When a public school district speaks for itself through a school-controlled medium like a bulletin board, it is engaging in government speech. As the speaker, the school may control the content of its message and is not required by the First Amendment to provide a platform for opposing viewpoints from its employees.
Facts:
- The Los Angeles Unified School District (LAUSD) issued a memorandum designating June as 'Gay and Lesbian Awareness Month' to promote its policy of 'Educating for Diversity' and fostering a climate of tolerance.
- In response, staff at Leichman High School created bulletin boards for faculty to post materials related to this theme, with the school principal retaining ultimate authority over the content.
- Robert Downs, a teacher at the school, objected to this initiative and created his own competing bulletin boards.
- Downs posted materials that included religious texts condemning homosexuality and excerpts suggesting homosexuality is immoral.
- Other faculty members complained that Downs's materials were disrespectful, offensive, and derogatory.
- On two separate occasions, in 1997 and 1998, the school principals, Donna Olmsted and Joseph Marino, ordered Downs to remove his materials, stating they were inconsistent with the school district's message of tolerance and diversity.
Procedural Posture:
- Robert Downs sued the Los Angeles Unified School District (LAUSD) in the U.S. District Court.
- LAUSD filed a motion for summary judgment, which the district court initially denied.
- After further development of the record, LAUSD filed a second motion for summary judgment.
- The district court granted summary judgment in favor of LAUSD, finding the school's actions were reasonably related to a legitimate pedagogical concern.
- Downs, as the appellant, appealed the district court's decision to the U.S. Court of Appeals for the Ninth Circuit, with LAUSD as the appellee.
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Issue:
Does a public school district violate a teacher's First Amendment free speech rights when it removes the teacher's materials from a school bulletin board because those materials present a viewpoint contrary to the school's official message?
Opinions:
Majority - Trott, J.
No. A public school district does not violate a teacher's First Amendment rights by controlling the content on its own bulletin boards because the school itself is the speaker. The court distinguished this case from those involving student speech or public forums, classifying the school's bulletin boards as a vehicle for 'government speech.' When the government speaks, it may control its own message to ensure it is not 'garbled or distorted' by its employees. Here, LAUSD was conveying its official policy of promoting tolerance and diversity. Because Downs's materials advocated a contrary message, the school was entitled to remove them to maintain the integrity of its own speech without being constrained by viewpoint neutrality principles.
Analysis:
This decision solidifies the 'government speech' doctrine within the public school context, granting school districts substantial authority to control their official messaging. It establishes that when a school uses its own property, like a bulletin board, to convey a specific policy or value, it is not creating a forum for public debate but is speaking for itself. Consequently, the school is not bound by viewpoint neutrality requirements and can restrict employee speech that contradicts its chosen message. This precedent clearly distinguishes between the school's own speech, which it can control, and private speech occurring within a school-created forum, which is subject to different First Amendment standards.
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