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Originally Posted by Tim C
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Great article. I find, from my own experience, in my own state, that many (at my state's High School League Office) are quick to remember the ultimate outcome (that Brentwood's first amendment rights/due process rights were not violated), but seem to conveniently forget that this case conclusive determined that they are now state actors.
This issue has flared up in our state, as our state league banned one school from post-season football and another from post-season basketball for various reasons. The school banned from football was the defending state champions. (As an aside: they ended up playing their regular season and went undefeated and could not go to the playoffs).
Anyways, the state league made a lot of decisions behind closed doors, and one or both schools sued (I can't remember which)...alleging due process violations. Specifically, that they were banned without a public hearing.
Publicly, high school league officials continued (and continue to this day) to state that "it is not a state agency". But amazingly, in both cases they have relented and allowed an open public hearing (of league board members) on whether the schools should be banned. In otherwords, board members were forced to vote in public on the issue.