that conclusion, the Eighth Circuit relied on a number of factors: (1) that “the central purpose of the enhanced underwriting program is not to promote the views of the donors;” (2) that the station exercised editorial control over the content of acknowledgment scripts; (3) that the literal speaker was a KWMU employee, not a Klan representative; and (4) that ultimate responsibility for the contents of the broadcast rested with KWMU, not with the Klan. Id. at 1093-94. The Ninth Circuit relied on similar factors in Downs, in which the court rejected a public school teacher’s claim that he had a First Amendment right to respond to his school’s recognition of Gay and Lesbian Awareness month by posting anti-homosexuality materials on a school bulletin board. See Downs, 228 F.3d at 1011-12 (<HOLDING>). Due to the “special characteristics of the
holding school boards are persons within the meaning of the fifth amendment due process clause holding on state constitutional grounds that school boards lack authority to arbitrate holding that content of bulletin boards was government speech in that boards were used to express school policy that access was limited to faculty and staff that postings were subject to the oversight of the school principals that the school district had made no affirmative effort to disclaim responsibility for the boards content and that the boards were the property and responsibility of the school and the district holding that the new mexico school district and their governing boards are not arms of the state entitled to eleventh amendment immunity holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours