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Updated at 7:09 a.m., Wednesday, April 18, 2007

Prep football recruiting case argued at Supreme Court

By Jennifer C. Kerr
Associated Press

WASHINGTON — Recruiting rules for high school sports help protect students and do not amount to free-speech infringement, an attorney for a Tennessee athletic association argued today before the Supreme Court.

The decades-old case involves a letter sent from the football coach at Brentwood Academy, a wealthy private school south of Nashville, to 12 eighth-graders _ inviting them to attend spring training.

The Tennessee Secondary School Athletic Association, which governs high school sports in the state, found the 1997 letter to be a violation of its recruiting rule.

Maureen Mahoney, an attorney for the association, told the justices that enforcement of the rule imposed a "minimal burden" on speech that was outweighed by intent of the rule — to keep from harming and pressuring young adults.

The attorney for Brentwood, James Blumstein, argued that the letter was harmless and was sent only to students at other schools who had already signed an "enrollment contract" and planned to attend the private school.

The school was hit with a $3,000 fine and four years' probation by the association. School officials unsuccessfully appealed twice before suing.

The case has been before the Supreme Court before.

In 2001, the court ruled 5-4 in favor of Brentwood, saying the athletic association acted in a quasi-governmental capacity and could be sued.

A federal appeals court later ruled in favor of the school, saying the letter amounts to protected speech under the First Amendment. If that ruling stands, it would prevent all high school associations from enforcing recruiting rules, say lawyers for the state athletic association.

The NCAA, the National School Boards Association and the National Federation of State High School Associations have filed briefs supporting the Tennessee athletic association saying broad powers are needed to protect children by enforcing recruiting rules.

Brentwood Academy has the support of the National Women's Law Center, which is worried about holding government accountable for gender discrimination, the Association of Christian Schools International and the National Association of Independent Schools.

A ruling is expected by the end of June.

Associated Press Writer Teresa M. Walker contributed to this report.

On the Net:

Tennessee Secondary School Athletic Association: http://www.tssaa.org

Brentwood Academy: http://www.brentwoodacademy.com