Brentwood Academy v. Tennessee Secondary School Athletic Ass'n について

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Brentwood Academy v. Tennessee Secondary School Athletic Ass'n ：ウィキペディア英語版

Brentwood Academy v. Tennessee Secondary School Athletic Ass'n

''Brentwood Academy v. Tennessee Secondary School Athletic Association'', 531 U.S. 288 (2001), is a United States Supreme Court case concerning whether the actions of an interscholastic sport-association that regulated sports among Tennessee schools could be regarded as a state actor for First Amendment and Due Process purposes. The Court held that the sport-association can be sued as a state actor because its actions and history have been "entangled" with state action. While the Supreme Court would reconsider this same case in the future, this specific decision became important in articulating a new principle of what entities are bound by the First Amendment.
==Background==
The Tennessee Secondary School Athletic Association (TSSAA) is a non-profit membership corporation organized to regulate interscholastic sports among its members (a large portion of the public and private high schools in Tennessee).〔(531 U.S. 288. ) at 290.〕 The Association's role in regulating interscholastic competition in public schools was recognized by the state's Board of Education in the case.〔 Brentwood Academy is a private high school that fields interscholastic teams as a member of TSSAA. Brentwood was highly successful in sports competition, winning nine state football championships between 1969, when it was founded, and 1997. This success fostered resentment among opponent schools, which questioned the Academy's tactics for recruiting players.〔
In 1997, TSSAA investigated rumors that Brentwood Academy was engaging in illegal practices to recruit public school athletes to the school. No such practices were identified, but TSSAA discovered that Brentwood Academy's football coach had invited eighth grade boys who would be enrolling in the school the following school year to attend spring football practice. TSSAA identified this as a violation of its rules and fined the school $3,000 for contacting student athletes prior to their official enrollment at the school and for violating a TSSAA policy prohibiting "undue influence on a student (or) his or her parents...to secure or to retain a student for athletic purposes."〔 The Association also placed the school on four years' probation and banned it from participating in state playoff games for two years.〔
Brentwood Academy sued the Association over this action.〔(531 U.S. 288. ) at 291.〕 Brentwood argued that the enforcement of the rule constituted state action which they claimed violated the First Amendment and the Fourteenth Amendment's Due Process Clause.〔 The school asserted that their due process rights had been violated because there were no evidentiary hearings to determine the validity of the claim that they inappropriately recruited football players. Further, they argued that the rule violated their freedom of speech because it restricted the ways the Academy could recruit. In July 1998, the District Court agreed with this argument and granted summary judgement to the Academy, while enjoining the Association from enforcing the rule. A year later, the Sixth Circuit Court of Appeals reversed the lower court's decision, finding that the actions of the Association did not constitute 'state action'.〔(531 U.S. 288 ) at 293.〕 The United States Supreme Court granted ''certiorari'' of the case to review this question.

抄文引用元・出典: フリー百科事典『ウィキペディア（Wikipedia）』
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