Its Not About the Game


In Tennessee Secondary School Athletic Association v. Brentwood Academy Atlantic Legal filed an amicus brief in the U.S. Supreme Court in support of a private school in Tennessee. The appeal involves free speech and due process claims in the context of a schools alleged violation of recruiting rules of a voluntary statewide secondary school athletic association. Atlantic Legal represents the Center for Education Reform, Washington, DC, and Excellent Education for Everyone, Newark, NJ.

The underlying question is a free speech issue, arising in the context of the ability of a non-public school to make known fully its educational and extracurricular programs. This includes information about reading lists, summer camps and athletic opportunities. Such communication is essential to independent, magnet and charter schools, which rely on being able to tell their story to attract prospective students to their unique programs. As the district court held, TSSAA has no legitimate interest in regulating so restrictively the content of the flow of such information to students and their parents, even to students who are or may become student athletes.

Jeanne Allen, Founder and President of the Center for Education Reform, said of Atlantic Legal and its brief:

I have followed your work and diligence on this with admiration and appreciation. Thanks so much for taking this on so quickly and professionally, and for producing a top-notch document I think it ended up great and am hopeful it helps the cause.

Thank you again. Atlantic Legal continues to be a leader and one with which were proud to be associated.