BRENTWOOD ACAD. v. TENNESSEE SEC. SCH. ATHLETIC

No. 98-6113.

262 F.3d 543 (2001)

BRENTWOOD ACADEMY, Plaintiff-Appellee, v. TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION; Ronnie Carter, Executive Director and Individually, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2001.

Rehearing Denied October 29, 2001.


Attorney(s) appearing for the Case

H. Lee Barfield, II (briefed), BASS, BERRY & SIMS, Nashville, Tennessee, Bobby Lee Cook, Cook & Connelly, Summerville, GA, James F. Blumstein, (argued and briefed), VANDERBILT UNIVERSITY LAW SCHOOL, Nashville, Tennessee, for Appellee. G. Thomas Nebel (briefed), Nashville, Tennessee, for Appellee. William Scott Sims, Walker, Bryant & Tipps, Nashville, TN, for Plaintiff-Appellee.

Charles Hampton White, Cornelius & Collins, Nashville, TN, Richard L. Colbert, (argued and briefed), COLBERT & WINSTEAD, Nashville, Tennessee, for Defendants-Appellants.

John L. Kitchin, Kansas City, MO, Edmund J. Sikorski, Jr., Ann Arbor, MI, Steven L. Craig, Herbruck, Heichel & McFarren, Canton, OH, Mallory V. Mayse, Colombus, OH, Danny C. Reeves, Greenbaum, Doll & McDonald, Lexington, KY, Leonard E. Ireland, Jr., Clayton, Johnston, Quincey, Ireland, Felder, Gadd, Roundtree, Gainesville, FL, Terrence E. Kiwala, Rooks, Pitts & Poust, Chicago, IL, for Amici Curiae.

Before: GUY, SUHRHEINRICH, and GILMAN, Circuit Judges.


Rehearing En Banc Denied October 29, 2001.

Pursuant to Sixth Circuit Rule 206

OPINION

RONALD LEE GILMAN, Circuit Judge.

This case is before us on remand from the Supreme Court. Brentwood Academy, a private school and member of the Tennessee Secondary School Athletic Association (TSSAA), sued TSSAA pursuant to 42 U.S.C. § 1983 for the alleged violation of its First Amendment rights. Specifically...

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