Mech v. School Bd. of Palm Beach Cnty., No. 15-10778 (11th Cir. 2015)
Annotate this CasePlaintiff filed suit alleging that the School Board violated his constitutional right to free speech when three of its schools removed banners for plaintiff's tutoring business from their fences. The schools removed the banners after they discovered that plaintiff's tutoring business shares a mailing address with his pornography business. The district court concluded that the schools did not remove the banners based on their content and granted summary judgment for the schools. The court affirmed on different grounds, concluding that the Free Speech Clause of the First Amendment does not protect plaintiff because the banners are “government speech.” Despite the lack of historical evidence in the record, the banners exhibit strong indicia of government endorsement and control.
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