perry ed assn perry local educators argued october decided february agreement board education perry township perry education association pea exclusive bargaining representative school district teachers pea granted access interschool mail system teacher perry township schools bargaining agreement also provided access rights mail facilities available rival union perry local educators association plea plea two members filed suit federal district pea individual members school board contending pea preferential access internal mail system violated first amendment equal protection clause fourteenth amendment entered summary judgment defendants appeals reversed held appeal proper grants appellate jurisdiction federal appeals decisions holding state statute repugnant federal constitution certain provisions agreement indiana statute authorizing agreements held constitutionally invalid bargaining agreement considered essence legislative act however regarding jurisdictional statement petition writ certiorari certiorari granted constitutional issues presented important decision conflicts judgments federal state courts pp first amendment violated preferential access interschool mail system granted pea pp respect public property tradition government designation forum public communication state may reserve use property intended purposes communicative otherwise long regulation speech reasonable effort suppress expression merely public officials oppose speaker view school mail facilities limited public forum merely system opened periodic use civic church organizations plea allowed use school mail facilities equal footing pea prior pea certification teachers exclusive bargaining representative pp differential access provided pea plea reasonable wholly consistent school district legitimate interest preserving property use lawfully dedicated use school mail facilities enables pea perform effectively statutory obligations exclusive representative perry township teachers conversely plea official responsibility connection school district need entitled rights access school mailboxes reasonableness limitations plea access school mail system also supported substantial alternative channels remain open communication take place moreover indiana law plea assured equal access modes communication representation election progress pp differential access provided rival unions constitute impermissible content discrimination violation equal protection clause since grant exclusive access pea burden fundamental right plea school district policy need rationally legitimate state purpose purpose clearly found special responsibilities exclusive bargaining representative police department chicago mosley carey brown distinguished pp white delivered opinion burger blackmun rehnquist joined brennan filed dissenting opinion marshall powell stevens joined post robert chanin argued cause appellant briefs michael gottesman robert weinberg richard darko richard zweig argued cause appellees brief lawrence reuben edwin vieira filed brief public service research council amicus curiae urging affirmance solicitor general lee filed memorandum postal service amicus curiae justice white delivered opinion perry education association duly elected exclusive bargaining representative teachers metropolitan school district perry township ind agreement board education provided perry education association union access interschool mail system teacher perry township schools issue case whether denial similar access perry local educators association rival teacher group violates first fourteenth amendments metropolitan school district perry township operates public school system separate schools school building contains set mailboxes teachers interschool delivery school employees permits messages delivered rapidly teachers district primary function internal mail system transmit official messages among teachers teachers school administration addition teachers use system send personal messages individual school building principals allowed delivery messages various private organization prior perry education association pea perry local educators association plea represented teachers school district apparently equal access interschool mail system plea challenged pea status de facto bargaining representative perry township teachers filing election petition indiana education employment relations board board pea election certified exclusive representative provided indiana law ind code board permits school district provide access communication facilities union selected discharge exclusive representative duties representing bargaining unit individual members without provide equal access rival unions following election pea school district negotiated labor contract school board gave pea access teachers mailboxes insert material right use interschool mail delivery system extent school district incurred extra expense use labor agreement noted access rights accorded pea acting representative teachers went stipulate access rights shall granted school employee organization term art defined indiana law mean organization school employees members one whose primary purposes representing school employees dealing school employer pea contract provisions renewed presently force policy applies use school mail system plea prevented using school facilities communicate teachers plea may post notices school bulletin boards may hold meetings school property school hours may approval building principals make announcements public address system course plea also may communicate teachers word mouth telephone mail moreover indiana law preferential access bargaining agent may continue status exclusive representative insulated challenge ind code representation contest progress unions must afforded equal access communication facilities plea two members filed action pea individual members perry township school board plaintiffs contended pea preferential access internal mail system violates first amendment equal protection clause fourteenth amendment sought injunctive declaratory relief damages upon summary judgment district entered judgment defendants perry local educators assn hohlt ip sd appeals seventh circuit reversed perry local educators assn hohlt held school district opens internal mail system pea denies plea violates equal protection clause first amendment acknowledged pea legal duties teachers plea reasoned ithout independent reason equal access labor groups individual teachers undesirable special duties incumbent justify opening system incumbent alone pea seeks review judgment way appeal postponed consideration jurisdiction hearing case merits ii initially address issue appellate jurisdiction case pea submits appeal proper grants us appellate jurisdiction cases federal courts appeals state statute held repugnant constitution treaties laws disagree state statute legislative action invalidated appeals appeals held certain sections agreement entered school district pea constitutionally invalid indiana statute authorizing agreements left untouched pea suggests however contract continuing force intended observed applied future essence legislative act therefore state statute within meaning king manufacturing city council augusta support position pea points decisions treating local ordinances school board orders state statutes purposes doran salem inn illinois ex rel mccollum board education hamilton regents univ cases however legislative action involved unilateral promulgation rule continuing legal effect unlike local ordinance even school board rule agreement unilaterally adopted lawmaking body emerges negotiation requires approval parties agreement every government action effect law legislative action previously emphasized statutes authorizing appeals strictly construed fornaris ridge tool light policy find extends cover case therefore dismiss appeal want jurisdiction see lockwood jefferson area teachers appeal dismissed want jurisdiction certiorari denied nevertheless decision subject review writ certiorari palmore constitutional issues presented important decision conflicts judgment federal state courts therefore regarding pea jurisdictional statement petition writ certiorari grant certiorari iii primary question presented whether first amendment applicable virtue fourteenth amendment violated union elected public school teachers exclusive bargaining representative granted access certain means communication access denied rival union question constitutional interests implicated denying plea use interschool mail system hardly argued either students teachers shed constitutional rights freedom speech expression schoolhouse gate tinker des moines school district healy james first amendment guarantee free speech applies teacher mailboxes surely elsewhere within school tinker des moines school district supra sidewalks outside police department chicago mosley say first amendment requires equivalent access parts school building form communicative activity occurs owhere suggested students teachers anyone else absolute constitutional right use parts school building immediate environs unlimited expressive purposes grayned city rockford existence right access public property standard limitations upon right must evaluated differ depending character property issue places long tradition government fiat devoted assembly debate rights state limit expressive activity sharply circumscribed one end spectrum streets parks immemorially held trust use public time mind used purposes assembly communicating thoughts citizens discussing public questions hague cio quintessential public forums government may prohibit communicative activity state enforce exclusion must show regulation necessary serve compelling state interest narrowly drawn achieve end carey brown state may also enforce regulations time place manner expression narrowly tailored serve significant government interest leave open ample alternative channels communication postal service council greenburgh civic consolidated edison public service grayned city rockford supra cantwell connecticut schneider state second category consists public property state opened use public place expressive activity constitution forbids state enforce certain exclusions forum generally open public even required create forum first place widmar vincent university meeting facilities city madison joint school district wisconsin employment relations school board meeting southeastern promotions conrad municipal theater although state required indefinitely retain open character facility long bound standards apply traditional public forum reasonable time place manner regulations permissible prohibition must narrowly drawn effectuate compelling state interest widmar vincent supra public property tradition designation forum public communication governed different standards recognized first amendment guarantee access property simply owned controlled government postal service council greenburgh civic supra addition time place manner regulations state may reserve forum intended purposes communicative otherwise long regulation speech reasonable effort suppress expression merely public officials oppose speaker view stated several occasions state less private owner property power preserve property control use lawfully dedicated quoting greer spock turn quoting adderley florida school mail facilities issue fall within third category appeals recognized perry school district interschool mail system traditional public forum hold school internal mail system public forum sense school board may close official business chooses point parties agree parties dispute district observed normal intended function school mail facilities facilitate internal communication matters teachers perry local educators assn hohlt ip sd internal mail system least policy held open general public instead plea position school mail facilities become limited public forum may excluded periodic use system private groups plea unrestricted access system prior pea certification exclusive representative neither arguments persuasive use internal school mail groups affiliated schools doubt relevant consideration policy practice perry school district opened mail system indiscriminate use general public plea justifiably argue public forum created however case case comes us indication record school mailboxes interschool delivery system open use general public permission use system communicate teachers must secured individual building principal finding evidence record demonstrates permission granted matter course seek distribute material conclude schools allow outside organizations ymca cub scouts civic church organizations use facilities type selective access transform government property public forum greer spock supra fact civilian speakers entertainers sometimes invited appear fort dix convert military base public forum lehman city shaker heights opinion blackmun plurality concluded city transit system rental space vehicles commercial advertising require accept partisan political advertising moreover even assume granting access cub scouts ymca parochial schools school district created limited public forum constitutional right access event extend entities similar character school mail facilities thus might forum generally open use girl scouts local boys club organizations engage activities interest educational relevance students consequence open organization plea concerned terms conditions teacher employment plea also points ability use school mailboxes delivery system equal footing pea prior agreement signed argument appears access policy effect time converted school mail facilities limited public forum generally open use employee organizations occurred exclusions employee organizations thereafter must judged constitutional standard applicable public forums fallacy argument forum plea changed prior exclusive representative perry school district teachers pea plea represented members therefore school district policy allowing organizations use school mail facilities simply reflected fact unions represented teachers legitimate reasons use system plea previous access consistent school district preservation facilities business constitute creation public forum broader sense school mail system public forum school district constitutional obligation per se let organization use school mail boxes connecticut state federation teachers board ed members appeals view however access policy adopted perry schools favors particular viewpoint pea labor relations consequently must strictly scrutinized regardless whether public forum involved however indication school board intended discourage one viewpoint advance another believe accurate characterize access policy based status respective unions rather views implicit concept nonpublic forum right make distinctions access basis subject matter speaker identity distinctions may impermissible public forum inherent inescapable process limiting nonpublic forum activities compatible intended purpose property touchstone evaluating distinctions whether reasonable light purpose forum issue serves differential access provided pea plea reasonable wholly consistent district legitimate interest preserv ing property use lawfully dedicated postal service use school mail facilities enables pea perform effectively obligations exclusive representative perry township teachers conversely plea official responsibility connection school district need entitled rights access school mailboxes observe providing exclusive access recognized bargaining representatives permissible labor practice public sector previously noted designation union exclusive representative carries great responsibilities tasks negotiating administering agreement representing interests employees settling disputes processing grievances continuing difficult ones abood detroit bd moreover exclusion rival union may reasonably considered means insuring labor peace within schools policy serves prevent district schools becoming battlefield squabbles appeals accorded little weight pea special responsibilities view responsibilities justifying pea access justify denying equal access plea appeals correct public forum involved internal mail system public forum already stressed government property dedicated open communication government may without justification restrict use participate forum official business finally reasonableness limitations plea access school mail system also supported substantial alternative channels remain open communication take place means range bulletin boards meeting facilities mail election periods plea assured equal access modes communication showing plea ability communicate teachers seriously impinged restricted access internal mail system variety type alternative modes access present compare favorably nonpublic forum cases upheld restrictions access see greer spock servicemen free attend political rallies base pell procunier prison inmates may communicate media mail visitors iv appeals also held differential access provided rival unions constituted impermissible content discrimination violation equal protection clause fourteenth amendment rejected contention cast first amendment argument fares better equal protection garb explained plea first amendment right access interschool mail system grant access pea therefore burden fundamental right plea thus decision grant privileges pea need tested strict scrutiny applied government action impinges upon fundamental right protected constitution see san antonio independent school district rodriguez school district policy need rationally legitimate state purpose purpose clearly found special responsibilities exclusive bargaining representative see supra seventh circuit plea rely police department chicago mosley carey brown mosley carey struck prohibitions peaceful picketing public forum mosley city chicago permitted peaceful picketing subject school dispute prohibited picketing immediate vicinity school carey challenged state statute barred picketing residences dwellings except peaceful picketing place employment involved labor dispute cases found distinction classes speech violative equal protection clause key decisions however presence public forum public forum definition parties constitutional right access state must demonstrate compelling reasons restricting access single class speakers single viewpoint single subject speakers subjects similarly situated state may pick choose conversely government property made public forum speech equally situated state may draw distinctions relate special purpose property used explained school mail facility difference status exclusive bargaining representative rival distinction appeals invalidated limited privileges pea negotiated bargaining voice perry township teachers misapplying cases dealt rights free expression streets parks fora generally open assembly debate virtually every consider type policy upheld constitutional see supra today judgment appeals reversed footnotes local parochial schools church groups ymca cub scout units used system record indicate whether requests use denied reveal whether permission must separately sought every message group wishes delivered teachers see perry local educators assn hohlt unfair labor practice state law school employer dominate interfere assist formation administration school employee organization contribute financial support ind code indiana education employment relations board held school employer may exclude minority union organizational activities take place school property may deny rival union nearly organizational conveniences pike independent professional educators metropolitan school dist pike township holding denying rival union use school building meetings unfair labor practice denying union use school bulletin boards unfair labor practice ind code pea reliance upon abood detroit bd misplaced abood appellate jurisdiction proper constitutionality state statute authorizing negotiation agency shop agreements issue see juris statement abood detroit bd constitutional objections similar access policies rejected one federal state consider issue see connecticut state federation teachers board ed members memphis american federation teachers local board teachers local north francois county school district lrrm ed mo haukedahl school district nd may federation delaware teachers de la warr board supp del local american federation teachers school district supp maryvale educators assn newman app div appeal denied geiger duval county school board app clark classroom teachers assn clark county school district per curiam case holding unconstitutional school district refusal grant minority union access teacher mailboxes facilities granting privileges majority union teachers local michigan city area schools nd vacated grounds public forum may created limited purpose use certain groups widmar vincent student groups discussion certain subjects city madison joint school district wisconsin public employment relations comm school board business see brief appellees tr oral arg justice brennan minimizes importance public forum analysis rejects greer spock lehman city shaker heights jones north carolina prisoners union course dissent however put aside decisions holding public property public forum dismiss greer lehman jones decisions limited scope involving unusual forums postal service council greenburgh civic rejected argument stating difficult conceive reason treat letterbox differently first amendment access purposes past treated military base greer jail prison adderley florida jones advertising space made available city rapid transit cars lehman went say mere fact instrumentality used communication ideas make public forum reaffirm justice blackmun observation lehman hold contrary display cases public hospitals libraries office buildings military compounds public facilities immediately become hyde parks open every pamphleteer politician constitution require postal service council greenburgh civic supra quoting justice brennan also insists perry access policy forbidden exercise viewpoint discrimination noted text disagree conclusion access policy applies plea also unions recognized bargaining representative indication record policy motivated desire suppress plea views moreover justice brennan analysis plea pea given access mailboxes equally imperative citizen group community organization message school personnel chamber commerce groups labor union also permitted access mail system justice brennan attempt build public forum hands untenable invite schools close mail systems school personnel although thesis might indicate otherwise justice brennan apparently forbid school district close mail system outsiders purpose discussing labor matters permitting discussion administrators teachers agree mail service restricted teaching operational responsibility schools token upon principle system properly opened pea pursuant law designated agent teachers perry schools pea thereby assumed official position operational structure district schools obtained status carried rights obligations labor organization share excluding plea use mail service therefore viewpoint discrimination barred first amendment accordingly cases relied upon justice brennan fully consistent approach resolution case niemotko maryland police department chicago mosley city madison joint school dist wisconsin employment relations carey brown widmar vincent cases involving restricted access public forums tinker des moines school district involve validity unequal access policy instead involved unequivocal attempt prevent students expressing viewpoint political issue first national bank boston bellotti consolidated edison public service concern access government property reason inapposite indeed consolidated edison concerned utility right use billing envelopes speech purposes expressly distinguished public forum cases stating special interests government overseeing use property implicated appeals refused consider pea access justified official business school district endorse content communications see necessity requirement pea official duties representative perry township teachers role communicating information teachers concerning example agreement outcome grievance procedures pea neither seeks requires endorsement school administrators concept relationship requires representative union free express independent view matters within scope representational duties lack employer endorsement mean communications pertain official business organization see broward county school board fper pub emp rel union county board education njper pub emp rel differentiation access also permitted federal employment indeed may unfair labor practice supp grant access internal communication facilities unions exclusive representative provision shall unfair labor practice agency sponsor control otherwise assist labor organization aside routine services provided unions equivalent status number administrative decisions construing language earlier appeared exec order cfr comp taken view see asst sec reports dept navy navy commissary store complex oakland dept labor commissary fort meade dept army dept labor dept air force grissom air force base dept labor dept transportation federal aviation administration flra provisions private sector directly challenged thus yet expressly approved national labor relations board courts invalidated restrictions prohibit individual employees soliciting distributing union literature nonworking hours nonworking areas nlrb magnavox republic aviation nlrb nlrb arrow molded plastics general motors appeals view nlrb magnavox supra held provision impermissible national labor relations act ed supp clear misreading decision haukedahl school district nd may factor discounted appeals showing record past disturbances stemming plea past access internal mail system evidence future disturbance likely required proof present justify denial access nonpublic forum grounds proposed use may disrupt property intended function see greer spock appeals also mistaken finding policy closely tailored official responsibilities pea appeals thought policy overinclusive agreement limit pea use mail system messages related special legal duties record however establish pea enjoyed claimed unlimited access usage otherwise indeed agreement indicates right access accorded pea acting representative teachers circumstances find necessary decide reasonableness grant access unlimited purposes appeals also indicated access policy school district permits outside organizations special duties teachers use system already noted text see supra district policy open access private groups event provision access private groups undermine reasons allowing similar access rival labor union see greer spock supra fact civilian speakers entertainers sometimes invited appear fort dix surely leave authorities powerless thereafter prevent civilian entering fort dix speak subject whatever emphasized point cases mosley selective exclusions public forum may based content alone carey government regulation discriminates among activities public forum equal protection clause mandates legislation finely tailored serve substantial state interests justice brennan justice marshall justice powell justice stevens join dissenting today holds incumbent teachers union may negotiate agreement school board grants incumbent access teachers mailboxes interschool mail system denies access rival union provision agreement amounts viewpoint discrimination infringes respondents first amendment rights fails advance substantial state interest dissent properly acknowledges teachers protected first amendment rights within school context see tinker des moines school district particular held teachers may compelled relinquish first amendment rights otherwise enjoy citizens comment matters public interest connection operation public schools work pickering board education see also mt healthy city board education doyle also recognized school context first amendment right individuals associate personal beliefs healy james acknowledged first amendment rights dissident teachers matters involving labor relations city madison joint school district wisconsin employment relations background clear policy case implicated respondents first amendment rights restricting freedom expression issues important operation school system appeals suggested speech apex hierarchy protected speech least far perry local educators assn hohlt point departure veers sharply course based finding interschool mail system public forum ante respondents right access system school board free make distinctions access basis subject matter speaker identity ante distinctions reasonable light purpose forum issue serves ibid omitted according petitioner status exclusive bargaining representative provides reasonable basis policy fundamentally misperceives essence respondents claims misunderstands thrust appeals opinion case involve absolute access claim involves equal access claim turn whether internal school mail system public forum focusing public forum issue disregards first amendment central proscription censorship form viewpoint discrimination forum public nonpublic first amendment prohibition government discrimination among viewpoints particular issues falling within realm protected speech noted extensively opinions niemotko maryland two jehovah witnesses denied access public park give bible talks members religious organizations granted access park purposes related religion found denial access based public officials disagreement jehovah witnesses views held invalid course opinion stated right equal protection laws exercise freedoms speech religion protected first fourteenth amendments firmer foundation whims personal opinions local governing body ibid opinion concurring result justice frankfurter stated allow expression religious views deny privilege others merely views unpopular even deeply denial equal protection law forbidden fourteenth amendment see also fowler rhode island tinker des moines school district supra held unconstitutional decision school officials suspend students wearing black armbands protest war vietnam record disclosed school officials permitted students wear symbols relating politically significant issues black armbands however symbols opposition vietnam war singled prohibition stated clearly prohibition expression one particular opinion least without evidence necessary avoid material substantial interference schoolwork discipline constitutionally permissible city madison joint school district wisconsin employment relations supra considered question whether state may constitutionally require board education prohibit teachers union representatives speaking public meetings matters relating pending negotiations board found guilty prohibited labor practice permitting teacher speak opposed one proposals advanced union contract negotiations board ordered cease desist permitting employees union representatives appear speak board meetings matters subject collective bargaining held order invalid course opinion stated whatever duties employer board sits public meetings conduct public business hear views citizens may required discriminate speakers basis employment content speech see police dept chicago mosley omitted another line cases closely related implicating prohibition viewpoint discrimination addressed first amendment principle content neutrality generally concept content neutrality prohibits government choosing subjects appropriate public discussion cases frequently refer prohibition viewpoint discrimination concepts roots first amendment bar censorship unlike concept used strike government restrictions speech particular speakers principle invoked government imposed restrictions speech related entire subject area principle seen outgrowth core first amendment prohibition viewpoint discrimination see generally stone restrictions speech content peculiar case restrictions chi rev invoked prohibition content discrimination invalidate government restrictions access public forums see carey brown grayned city rockford police department chicago mosley also relied prohibition strike restrictions access limited public forum see widmar vincent finally applied doctrine content neutrality government regulation protected speech cases restriction access public property involved see consolidated edison public service erznoznik city jacksonville see also metromedia san diego plurality opinion admittedly always required content neutrality restrictions access government property upheld exclusions lehman city shaker heights greer spock jones north carolina prisoners union three cases involved unusual forum found nonpublic speech determined variety reasons incompatible forum cases provide support notion government permitted exclude certain subjects discussion nonpublic forums provide support however notion government opened government property discussion specific subjects may discriminate among viewpoints topics although greer lehman jones permitted restrictions none cases involved viewpoint discrimination restrictions expressly noted greer exclusion objectively evenhandedly applied government permits discussion certain subject matter may impose restrictions discriminate among viewpoints subjects whether nonpublic forum involved prohibition implicit mosley line cases tinker des moines school district cases approved restrictions access government property public forum never held government may allow discussion subject discriminate among viewpoints particular topic even government certain reasons may entirely exclude discussion subject forum context greater power include lesser first amendment purposes exercise lesser power threatening core values viewpoint discrimination censorship purest form government regulation discriminates among viewpoints threatens continued vitality free speech background clear approach case flawed focusing whether interschool mail system public forum disregards independent first amendment protection afforded prohibition viewpoint discrimination case involve claim absolute right access forum discuss subject whatever public forum analysis might relevant case involves claim equal access discuss subject board approved discussion forum essence respondents asserting right access asserting right free discrimination critical inquiry therefore whether board grant exclusive access petitioner amounts prohibited viewpoint discrimination ii addresses briefly respondents claim provision amounts viewpoint discrimination rejecting claim starts premise school mail system public forum result board obligation grant access respondents suggests indication board intended discourage one viewpoint advance another view policy based status respective parties rather views mplicit concept nonpublic forum right make distinctions access basis subject matter speaker identity ante according hese distinctions may impermissible public forum inherent inescapable process limiting nonpublic forum activities compatible intended purpose property ibid noted whether school mail system public forum board prohibited discriminating among viewpoints particular subjects moreover whatever right public authorities impose restrictions access government property nonpublic forum access granted one speaker discuss certain subject access may denied another speaker based viewpoint regardless nature forum critical inquiry whether board engaged prohibited viewpoint discrimination responds allegation viewpoint discrimination suggesting indication board intended discriminate policy based parties status rather views case reasons discussed see infra intent discriminate inferred effect policy deny effective channel communication respondents facts case addition petitioner status nothing whether viewpoint discrimination fact occurred anything petitioner status relevant question whether policy justified whether board discriminated among viewpoints see infra addressing question viewpoint discrimination directly free irrelevant public forum analysis clear policy discriminates basis viewpoint appeals found access policy adopted perry schools form speaker restriction favors particular viewpoint labor relations perry schools teachers inevitably receive petitioner descriptions activities behalf denied critical perspective offered respondents perry local educators assn hohlt assessment effect policy eminently reasonable moreover certain factors strongly suggest policy discriminates among viewpoints practical level reason petitioner seek policy deny rivals access effective channel communication group explicitly denied access mail system fact points ante many groups granted access system apparently access denied respondents likelihood expressing points view different petitioner range subjects argument petitioner advances support policy need preserve labor peace also indicates access policy short policy discriminates respondents based viewpoint board agreed amplify speech petitioner repressing speech respondents based respondents point view sort discrimination amounts censorship infringes first amendment rights respondents light policy survive petitioner justify iii assessing validity policy appeals subjected rigorous scrutiny perry local educators assn hohlt supra pursued course careful review cases determination case applied exacting scrutiny content speaker restriction substantially tended favor advocacy one point view given issue appeals analysis persuasive light fact viewpoint discrimination implicates core first amendment values policy sustained government show regulation precisely drawn means serving compelling state interest consolidated edison public service cf carey brown valid legislation must finely tailored serve substantial state interests justifications offered distinctions draws must carefully scrutinized police department chicago mosley discriminations must tailored serve substantial governmental interest petitioner attempts justify provision based status exclusive bargaining representative teachers state interest efficient communication representatives members unit petitioner status state interest efficient communication important considerations sufficient however sustain policy appeals pointed policy overinclusive underinclusive means serving state interest efficient discharge petitioner legal duties teachers perry local educators assn hohlt policy overinclusive strictly limit petitioner use mail system performance special legal duties underinclusive board permits outside organizations special duties teachers students use system ibid appeals also suggested even board attempted tailor policy carefully denying outside groups access system expressly limiting petitioner use system messages relating official duties fit still questionable might difficult practice principle effectively separate necessary communications propaganda ibid appeals justly concerned problem scope petitioner legal duties might difficult impossible define precision regard alluded potential scope responsibilities city madison joint school district wisconsin employment relations stated virtually subject concerning operation school system also characterized potential subject collective bargaining putting aside difficulties fit policy asserted interests appeals properly pointed policy invalid furthers discernible state interest perry local educators assn hohlt board may legitimate interest granting petitioner access system legitimate interest making access exclusive denying access respondents appeals stated without independent reason equal access labor groups individual teachers undesirable special duties incumbent justify opening system incumbent alone ibid case reasons discussed independent reason denying access respondents petitioner also argues agrees ante policy justified state interest preserving labor peace appeals found evidence record granting access respondents result labor instability addition reason assume respondents messages likely cause labor discord received members majority union petitioner messages received respondents moreover noteworthy petitioner respondents access mail system time prior representation election see ante indication policy resulted disruption school environment although state interest preserving labor peace schools order prevent disruption unquestionably substantial merely articulating interest enough sustain policy case must showing asserted interest advanced policy absence showing policy must fall grant petitioner exclusive access internal school mail system amounts viewpoint discrimination infringes respondents first amendment rights petitioner failed show policy furthers substantial state interest policy must invalidated violative first amendment iv order secure first amendment guarantee freedom speech prevent distortions ideas see abrams holmes dissenting governments generally prohibited discriminating among viewpoints issues within realm protected speech case board infringed respondents first amendment rights granting exclusive access effective channel communication petitioner denying access respondents view petitioner failure establish even substantial state interest advanced policy policy must held constitutionally infirm decision appeals affirmed agree conclusion appeal dismissed want appellate jurisdiction see ante see also widmar vincent stevens concurring judgment university may allow agreement disagreement viewpoint particular speaker determine whether access forum granted state university deny recognition student organization give lesser right use school facilities student groups must valid reason first national bank boston bellotti realm protected speech legislature constitutionally disqualified dictating subjects persons may speak speakers may address public issue especially legislature suppression speech suggests attempt give one side debatable public question advantage expressing views people first amendment plainly offended citation omitted omitted healy james state may restrict speech association simply finds views expressed group abhorrent several factors suggesting decisions narrow limited importance first forums involved unusual military base involved greer spock advertising space city transit system lehman city shaker heights prison jones north carolina prisoners union moreover speech involved arguably incompatible forum especially greer involved speeches demonstrations partisan political nature military base jones involved labor union organizational activities prison finally noted limited scope greer lehman subsequent opinions see consolidated edison public service metromedia san diego plurality opinion erznoznik city jacksonville concurring opinion greer spock justice powell noted absence viewpoint discrimination regulations stated military authorities barred discriminating among viewpoints political issues cases upheld restrictions access government property restrictions see postal service council greenburgh civic adderley florida suggest government may close nonpublic forum altogether limit access forum involved official business agency restrictions type consistent government right preserve property control use lawfully dedicated ante quoting postal service council greenburgh civic supra limiting access nonpublic government forum involved official business agency also protects interest government qua government speaking clearly definitively lower courts recognized prohibition viewpoint discrimination affords speakers protection independent public forum doctrine see national black fund devine app jaffe alexis school committee city boston jaffe ninth circuit stated content speaker message forms basis selective regulation public forum analysis longer crucial government must still justify restriction justification must scrutinized carefully ensure communication prohibited merely public officials disapprove speaker views citations omitted see also postal service council greenburgh civic supra brennan concurring judgment greer spock supra suggested undue focus public forum issues blind proper regard first amendment interests noting notion public forum never touchstone public expression dissenting opinion stated cases permitting public expression without characterizing locale involved public forum together cases recognizing existence public forum albeit qualifiedly evidence desirability flexible approach determining whether public expression protected realizing permissibility certain form public expression given locale may differ depending whether asked locale public forum form expression compatible activities occurring locale becomes apparent need flexible approach otherwise rigid characterization given locale public forum danger certain forms public speech locale may suppressed even though basically compatible activities otherwise occurring locale arguable school mail system qualify treatment public forum description one focuses whether manner expression basically incompatible normal activity particular place particular time grayned city rockford postal service council greenburgh civic associations brennan concurring judgment difficult see granting respondents access mailboxes incompatible normal activities school especially view fact petitioner outside groups enjoy access petitioner messages certainly outside groups appear compatible normal activity school respondents message necessary reach issue however view existence impermissible viewpoint discrimination reference government right make distinctions access based speaker identity might construed reference government interest restricting access nonpublic forum involved official business particular agency see supra speaker identity distinction case however justified basis see infra rejects appeals finding policy overinclusive ground record establish petitioner enjoyed claimed unlimited access usage otherwise indeed agreement indicates right access accorded petitioner acting representative teachers ante circumstances suggests unnecessary decide reasonableness grant access unlimited purposes ibid argument flawed three ways first appeals found collective bargaining agreement limit petitioner use mail system messages related special legal duties perry local educators assn hohlt nothing record indicate petitioner enjoy unlimited access second noted nearly limitless scope responsibilities see supra apparent monitoring petitioner messages board perry local educators assn hohlt supra clear real limit petitioner special legal duties finally even assuming board narrowly tailored policy expressly limited petitioner access official messages included school monitoring messages still difficult appeals pointed separate necessary communications propaganda rejects appeals determination policy underinclusive ground district policy open access private groups event provision access private groups undermine reasons allowing similar access rival labor union ante citing greer spock even though apparent policy open access provision access outside groups certainly undermines petitioner asserted justification policy establishes policy overinclusive respect justification moreover unions denied access mail system might force reliance greer notion granting access groups undermine reasons denying others case government grants access one labor group denies another greer irrelevant even read broadly greer support right part government discriminate among viewpoints subjects approved discussion forum see supra variant special legal duties justification policy official business justification noted see supra government legitimate interest limiting access nonpublic forum involved official business agency interest may justify restrictions based speaker identity example school board denies access classroom persons teachers speaker identity restriction may viewpoint discriminatory effect justified government interest clear definitive classroom instruction case official business argument inadequate justify policy many reasons special legal duties rationale inadequate relation special legal duties argument policy overinclusive underinclusive respect official business justification first appeals pointed school board neither monitors endorses petitioner messages perry local educators assn hohlt supra light difficult consider petitioner agent board moreover light virtually unlimited scope union duties expands definition official business beyond clear meaning suggest petitioner messages always related school system official business importantly however board policy discernible record involves denial access one group respondents board made explicit effort restrict access involved official business schools fact access granted outside groups parochial schools church groups ymca cub scout units see ante difficult discern groups involved official business school provision access groups strongly suggests denial access respondents based desire limit access forum involved official business schools instead suggests based hostility point view likely expressed respondents board simply agreed shut one voice subject approved discussion forum impermissible suggests proof disruption necessary justify denial access nonpublic forum grounds proposed use may disrupt property intended function ante cites greer spock supra tinker des moines school district discussed supra noted system undifferentiated fear apprehension disturbance enough overcome right freedom expression later stated finding showing engaging forbidden conduct materially substantially interfere requirements appropriate discipline operation school prohibition sustained citation omitted finally stated prohibition expression one particular opinion least without evidence necessary avoid material substantial interference schoolwork discipline constitutionally permissible noteworthy tinker involved likely describe nonpublic forum see also city madison joint school district wisconsin employment relations healy james cases establish state must offer evidence support allegation potential disruption order sustain restriction protected speech appears therefore provision included solely demand majority union negotiations note case school board even seek review appeals holding mailboxes interschool mail system must open unions also cites availability alternative channels communication support reasonableness policy ante detailed discussion appeals properly concluded channels communication available respondents nearly effective internal mail system perry local educators assn hohlt see also addition apparently disregards principle one exercise liberty expression appropriate places abridged plea may exercised place schneider state case existence inferior alternative channels communication affect conclusion petitioner failed justify policy