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PAGE v. LEXINGTON COUNTY SCHOOL DIST. ONE

No. 07-1697.

531 F.3d 275 (2008)

Randall S. PAGE, Plaintiff-Appellant, v. LEXINGTON COUNTY SCHOOL DISTRICT ONE, Defendant-Appellee. Virginia School Boards Association; South Carolina School Board Association; North Carolina School Boards Association; Maryland Association of Boards of Education; National School Boards Association; National School Public Relations Association; National Parent Teacher Association; National League of Cities; American Association of School Administrators, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 23, 2008.

Attorney(s) appearing for the Case

ARGUED: Kevin Alan Hall, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellant. David Thomas Duff, Duff, White & Turner, L.L.C., Columbia, South Carolina, for Appellee. ON BRIEF: Karl S. Bowers, Jr., William C. Wood, Jr., M. Todd Carroll, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellant. Breon C.M. Walker, Duff, White & Turner, L.L.C., Columbia, South Carolina; Maree F. Sneed, Audrey J. Anderson, Joshua I. Civin, Hogan & Hartson, L.L.P., Washington, D.C., for Appellee. Helen L. Norton, Associate Professor of Law, University of Colorado School of Law, Boulder, Colorado; Kenneth L. Childs, John M. Reagle, Childs & Halligan, P.A., Columbia, South Carolina; Francisco M. Negrón, Jr., General Counsel, National School Boards Association, Alexandria, Virginia, for Amici Supporting Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILLIAMS and Judge DUNCAN joined.

OPINION

NIEMEYER, Circuit Judge:

Lexington County School District One, a "body politic and corporate" under South Carolina law, used its website, e-mail, and other forms of communication to urge opposition to the Put Parents In Charge Act, a bill pending in the South Carolina legislature that proposed tax credits for private and home schooling. The School District believed that the bill, if enacted, would tend to undermine public education. Randall Page...

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