SAN LEANDRO TEACHERS ASSN. v. GOVERNING BD. OF SAN LEANDRO UNIFIED SCHOOL DIST.

No. S156961.

46 Cal.4th 822 (2009)

SAN LEANDRO TEACHERS ASSOCIATION et al., Plaintiffs and Respondents, v. GOVERNING BOARD OF THE SAN LEANDRO UNIFIED SCHOOL DISTRICT et al., Defendants and Appellants.

Supreme Court of California.

June 18, 2009.


Attorney(s) appearing for the Case

Littler Mendelson, Garry G. Mathiason, Kimberly L. Owens and Olga Savage for Defendants and Appellants.

James S. Burling and Harold E. Johnson for Pacific Legal Foundation and National Tax Limitation Committee as Amici Curiae on behalf of Defendants and Appellants.

Liebert Cassidy Whitmore, Bruce A. Barsook, David A. Urban and Didier Y. Reiss for California School Boards Association, Association of California School Administrators and School Employers Association of California as Amici Curiae on behalf of Defendants and Appellants.

Ruiz & Sperow, Celia M. Ruiz and David E. Lyon for Association of California School Administrators as Amicus Curiae on behalf of Defendants and Appellants.

California Teachers Association, Priscilla S. Winslow, Joseph R. Colton, Beverly Tucker, Ballinger G. Kemp and Ramon E. Romero for Plaintiffs and Respondents.

Michael R. Clancy and Christina C. Bleuler for California School Employees Association as Amicus Curiae on behalf of Plaintiffs and Respondents.

Rothner, Segall & Greenstone, Glenn Rothner, Lisa C. Demidovich and Jonathan Cohen for American Federation of State, County and Municipal Employees and Service Employees International Union Local 99 as Amici Curiae on behalf of Plaintiffs and Respondents.

Julia Harumi Mass, Alan L. Schlosser; David Blair-Loy; and Peter Eliasberg for American Civil Liberties Union of Northern California, American Civil Liberties Union of San Diego and Imperial Counties and American Civil Liberties Union of Southern California as Amici Curiae on behalf of Plaintiffs and Respondents.

The Thomas Jefferson Center for the Protection of Free Expression, Robert M. O'Neil and J. Joshua Wheeler as Amici Curiae on behalf of Plaintiffs and Respondents.

Law Offices of Robert J. Bezemek, Robert J. Bezemek, Patricia Lim and David Conway for The California Federation of Teachers, The Faculty Association of the California Community Colleges and The California Community College Independents Organization as Amici Curiae on behalf of Plaintiffs and Respondents.


OPINION

MORENO, J.

Shortly before an election, an employee organization that represents school teachers, and which regularly communicates with its members through school mailboxes, sought to distribute literature through these mailboxes that included endorsements of certain school board candidates. The school district administration refused to permit such political communication and the employee organization sought a writ of mandate...

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