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Tennessee Secondary School Athletic Assoc v. Brentwood Academy (docket #: 06-427) (2007)  [Findlaw]

Secondary Link Tennessee Secondary School Athletic Assoc v. Brentwood Academy  [Legal Information Institute]
Argument Date 04/18/2007
Decided 6/21/2007
Supreme Court Vote 9-0
Note Though he concurred, Justice Thomas did not join the majority's holding re curbs on expressive activities. // The Court's earlier consideration of this case concerned state action. Brentwood Academy v. Tennessee Secondary School Athletic Assoc. (2001).
Supreme Court Ruling First Amendment claim denied.
IssueWhether private prep schools have a constitutional right to talk to prospective student athletes to "recruit" them, when that violates a no-recruiting rule those schools have voluntarily agreed to obey as members of a state sport competition organization.
Case Summary & Additional Resources
Supreme Court Times Link

Majority Opinion Stevens, J. (Pts. I, II-B, III & IV joined by Roberts, Scalia, Kennedy, Souter, Ginsberg, Breyer & Alito) (Pt. II-A, joined by Souter, Ginsberg & Breyer)
Concurring Opinion Kennedy, J. (concurring in part & concurring in judgment, joined by Roberts, C.J.), & Thomas, J. (concurring in judgment)
Certiorari Granted 01/05/2007
Lower Court 6th Circuit
Lower Court Ruling First Amendment claim sustained
Oral Arguments Transcript
For Petitioner
Maureen E. Mahoney (counsel of record) (Latham & Watkins, Wash., D.C.)

Richard L. Colbert (Colbert & Winstead, Nashville, TN)

Thomas R McCoy (Vanderbilt Law School)

For Respondent
H. Lee Barfield, II (Berry & Sims, Nashville, TN)

For Petitioner
Petitioner's Certiorari Petition

Petitioner's Reply Brief

For Respondent
Respondent's Brief in Opposition

Tony Mauro Analysis
"Sports-recruiting case returns to high court"

Opinion - Lower Court
Brentwood Academy v. Tennessee Secondary School Athletic Association (6th Cir., 2006)

AP, "Justices uphold limits on high school sports recruiting" (06-21-07)

Lyle Denniston, "Analysis: A limited First Amendment ruling" (6-21-07)

Lyle Denniston, "Schools, sports and rules: Argument 4/18/07"

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