Supreme Court of the United States

City of Madison Joint School District No. 8 v. Wisconsin Employment Relations Commission

December 8, 1976429 U.S. 167

Summary

The Court held that a school board conducting an open public meeting could not exclude a teacher from speaking about pending collective-bargaining issues merely because he was not the union's representative. The restriction violated the First Amendment because the board had opened its decisionmaking process to public participation, and the enforcement order was an unconstitutional prior restraint that broadly burdened future teacher speech. Justice Brennan, joined by Justice Marshall, concurred while recognizing that closed bargaining sessions may be limited to designated representatives; Justice Stewart concurred while emphasizing that the Court did not decide the full extent of a public body's authority to structure open-meeting discussion.

Holding

  • Exclusion of teachers from an open public meeting based on employment status and speech subject. When a governmental body opens its decisionmaking process to public view and participation, it may not discriminate among speakers based on their employment status or the content of their speech. The board therefore could not exclude Holmquist from expressing his views merely because he was a teacher and not the union's bargaining representative.
  • Prospective labor-commission order restricting future speech. The order prohibiting employees other than union representatives from appearing and speaking at board meetings on matters subject to collective bargaining was an unconstitutional prior restraint and was too broad to stand.

Docket 75-946

Cited authorities

  • Wis. Stat. § 111.70
  • Wis. Stat. §§ 111.70
  • Wis. Stat. § 111.70
  • Wis. Stat. § 66.77
  • Wis. Stat. § 66.77

Cited by

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