Dear Ureshi,
First of all, an abstract of the case: 'The Parish School Board
adopted a rule which provided that: 'no sign, placard, or poster which
is carried shall be permitted in the School Board office building or
in any of its rooms.' Godwin attended a public meeting held to review
a proposed desegregation plan for the Parish schools, and carried a
sign supporting desegregation. She was requested to remove the sign or
herself from the meeting. She refused and was arrested.' (Source:
<http://www.csulb.edu/~astevens/posc100/files/asgn1.html>).
The question raised was 'Does the rule adopted by the School Board
abridge Godwin's First Amendment right to freedom of speech?' (ibid.).
More profoundly, the appellants claimed that "the school board spent
taxpayer funds to promote a tax proposal in violation of the
constitutional prohibition. Godwin v. East Baton Rouge Parish School
Board, 372 So.2d 1060 (La. 1st Dist.Ct.App.1979). In light of the
express constitutional prohibition, the appellate court concluded that
the allegations of the complaint, if true, would subject board members
to personal liability upon a showing of malice or bad faith. Godwin,
372 So.2d at 1064.' (Source: Smith v. Dorsey 599 So. 2d 529 (Miss.
1992) IN THE SUPREME COURT OF MISSISSIPPI. No. 07-CA-59273.
<http://www.mslawyersearch.com/isysnative/RDpcaXN5c2luZGV4ZXNcZGF0YVxtc3NjXGNhc2VzXDU5MFw1OTlENTI5LkhUTQ==/599D529.HTM>).
However, the court rejected the claim, that the prohibition violated
the right of free speech - stating that "It is apparent that the
board's interest in conducting its meetings in an orderly and
dignified manner is a substantial consideration and a valid
governmental objective."
In other words - there are considerations that override what may seem
like a right for free speech - such as the order in School Board
meetings.
Godwin v. East Baton Rouge Parish School Board, 372 So. 2d 1060, 1062
(La. App. 1st Cir.), writ denied, 373 So. 2d 527 (La. 1979).
Further Reading - alt.lawyers dicussion, "What was the decision on
this case??? " <http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&oe=UTF-8&th=787d7fd534bd6194&rnum=1>.
My search strategy was to search for the case both in Google and in
Google Groups, according to the names and with terms such as "school
board". I have also sought the legal databases of Louisiana for the
case itself, alas.
I hope that answers your question. If you need any clarifications on
the answer, please let me know - I'd be pleased to clarify the answer
before you rate it. |