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Constitutional Law Keyed to Choper
Brentwood Academy v. Tennessee Secondary School Athletic Assn.
Citation:
531 U.S. 288 (2001)Facts
Brentwood Academy, a private parochial high school, was a member of the Tennessee Secondary School Athletic Association (TSSAA), which regulated interscholastic athletics among Tennessee schools. The TSSAA, though organized as a private not-for-profit corporation, consisted predominantly of public schools (84% of its membership). Its governing board included public school officials acting in their official capacity, and it received substantial funding indirectly from the State. The TSSAA sanctioned Brentwood for violating recruitment rules by sending letters and making followup calls to middle school student athletes. Brentwood sued, claiming the TSSAA’s enforcement of its rules constituted state action subject to constitutional constraints. The case centered on whether the TSSAA, despite its nominally private status, was so entwined with state authority that its actions should be treated as actions of the state for purposes of constitutional analysis.
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