Perry Local Educators' Ass'n v. Hohlt

WISDOM, Senior Circuit Judge.

This case requires us to consider the constitutionality of a collective bargaining agreement between a teachers’ union and a school board that both permits the union to use the school district’s internal mail system and compels the school district to deny that right to competing unions. The plaintiffs, an insurgent union and two of its members, contend that their exclusion from the school mail system violates their first and fourteenth amendment rights. The district court disagreed. We reverse.

I

The facts, as they appear in the parties’ pleadings and affidavits,…