NINTH CIRCUIT COURT RULING:
(San Diego Committee v. Governing Bd. Cite as 790 F.2d 1471 (9^th Cir. 1986) No. 83-6070)

EQUAL ACCESS TO HIGH SCHOOLS

When the military comes to a local high school, students have a legal right to hear diverse views.

This has been the position taken by federal district courts in Florida, Pennsylvania and Illinois and two federal appellate courts. The most broadly-worded decision came from a case that COMD took to the Ninth Circuit Court of Appeals in the 1980s.

Basically, the Ninth Circuit stated that the question of military service (whether voluntary or compulsory) is a controversial political (not economic or academic) issue, and if a school establishes a forum for one side to present its views on the issue, it must give opponents equal access to the forum

Some examples of what counter-recruitment activists have been able to do in schools a result of these court cases include:

• placing literature displays in career and counseling centers
• setting up displays at career and college fairs
• placing posters and literature on bulletin boards
• having speakers and printed materials in classrooms
• running ads in student newspapers

There have also been successful efforts to counter the military’s access to student directory information (phone numbers and addresses).

For the text of court ruling, go to:

http://www.comdsd.org/publications.htm and click on “Ninth Circuit Decision.pdf”

Questions or concerns?  Please contact:

American Friends Service Committee at (808)988-6266

http://www.comdsd.org/publications.htm#do
http://www.comdsd.org/youth.htm
http://ww.objector.org/
http://webarchive.afsc.org/youthmil/Default.htm
http://unitedforpeace.org/article.php?id=2443
http://www.projectyano.org/