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defendantmotionsummary judgmentregulationmotion for summary judgment
defendantstatutemotionsummary judgmentwillregulationcriminal lawmotion for summary judgment

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Bush By and Through Bush v. Dassel-Cokato Bd. of Educ., 745 F.Supp. 562, 63 Ed. Law Rep. 145

Facts

Keri Bush, a student at Dassel-Cokato High School, attended a party at Cokato Lake where alcohol was being consumed by underage students. After the party, the school's activities director, Paul Kliewer, informed Keri that she would be suspended from participating in interscholastic swimming competitions due to her presence at the party, as per the school's policy prohibiting attendance at events where alcohol is present. Keri challenged this regulation, claiming it violated her First Amendment rights.

Issue

Does the school regulation prohibiting students from attending parties where alcohol is served violate the First Amendment rights of students?

Does the school regulation prohibiting students from attending parties where alcohol is served violate the First Amendment rights of students?

Rule

The First Amendment protects certain forms of association, but not all social gatherings qualify for this protection. The regulation must be rationally related to a legitimate state interest, such as deterring alcohol consumption among students, and must not be unconstitutionally vague. The court applies a rational relationship test under the Fourteenth Amendment for regulations governing school athletics.

Social gatherings allegedly restricted by school regulation prohibiting students from attending parties where alcohol was served were not the type of either intimate or expressive association entitled to strict judicial scrutiny under First Amendment; students attending social gatherings at issue were not members of any organized association, nor were gatherings organized for purpose of taking positions on public questions. U.S.C.A. Const.Amend. 1.

Analysis

The court found that Keri's desire to associate socially with peers at parties does not constitute a form of intimate or expressive association entitled to First Amendment protection. The gatherings were not organized for political or expressive purposes, and the regulation was deemed rationally related to the school board's interest in preventing underage drinking. The court also determined that the regulation was not unconstitutionally vague, as it provided clear guidelines regarding prohibited conduct.

Even if higher standard of specificity for statutes purporting to regulate conduct protected by First Amendment were applicable, school regulation prohibiting '[a]ny civil/criminal law infraction (such as * * * attending parties where alcohol and/or illegal drugs as defined by state law are present) * * *' was not unconstitutionally vague on ground that it could be read as providing for punishment only to extent that attendance at parties where alcohol was present constituted civil or criminal offense; persons of common intelligence would have no difficulty concluding that regulation encompassed conduct involved in student's attendance at party. U.S.C.A. Const.Amend. 1.

Conclusion

The court upheld the school regulation, concluding that it did not violate Keri Bush's First Amendment rights and was within the school board's authority under Minnesota law.

Defendant's motion for summary judgment will be granted.

Who won?

The court ruled in favor of the school board, granting the defendant's motion for summary judgment. The court reasoned that the regulation was a legitimate exercise of the school board's authority to maintain a safe environment for students and to deter underage drinking, which is a significant concern for the welfare of the school community.

Defendant's motion for summary judgment will be granted.

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