Case: 12-60264 Document: 00513162565 Page: 9 Date Filed: 08/20/2015 No. 12-60264 intimidated school employees”. (The only document in the record from the school-board meeting is the minutes, which state: “Chairman Tony Wallace entertained a motion by Clara Brown to accept the discipline recommendation of the Discipline Committee regarding student with MSIS #000252815 (I.A.H.S.) and finding that this student threatened, harassed and intimidated school employees. Unanimously.”) Wes Pitts seconded the motion. Motion Carried In other words, unlike the earlier-described disciplinary committee findings, which do not characterize the rap recording as threatening (instead, finding that point “vague”), the school board found Bell had not only harassed and intimidated the teachers, but had also threatened them. By 11 February letter to Bell’s mother, the school-board attorney explained the board’s findings: “Bell did threaten, harass and intimidate school employees in violation of School Board policy and Mississippi State Law”. (Again, as stated in the written school-district policy, “[h]arassment, intimidation, or threatening other students and/or teachers” constitutes a severe disruption.) Approximately two weeks later, on 24 February, Bell and his mother filed this action, claiming, inter alia, the school board, superintendent, and principal (again, the school board) violated his First Amendment right to free speech. On 2 March, Bell requested a preliminary injunction, seeking his immediate reinstatement to his high school, including the reinstatement of “all privileges to which he was and may be entitled as if no disciplinary action had been imposed”, and all references to the incident being expunged from his school records. At the 10 March hearing for the requested injunction, Bell presented four affidavits from students at his school concerning alleged misconduct by the coaches. (The affidavits, however, were not considered by the court.) 9 In

Select target paragraph3