Case: 12-60264
Document: 00513162565
Page: 10
Date Filed: 08/20/2015
No. 12-60264
addition, Bell, his mother, school-board attorney Floyd, and Franklin (offered
as an expert in rap music) were called as witnesses by Bell; superintendent
McNeece and Coaches R. and W., by the school district.
Bell testified about his making and disseminating the recording; the
meaning behind certain statements in it; and the resulting events leading up
to, and after, school officials disciplined him. Bell’s mother testified about her
recollection of the events leading up to the disciplinary-committee and schoolboard hearings.
She testified the school principal never stated Bell was
dangerous or threatening, and that Bell was told to stay in the school before
suspending him.
Floyd testified about her recollection of the events before, during, and
after the disciplinary-committee and school-board hearings.
During her
testimony, the court noted Bell’s contention that the rap recording addressed
a matter of public concern. Floyd discussed the school-district policy Bell
violated:
he threatened, harassed, and intimidated school employees;
similarly, she testified that, at their respective hearings, the disciplinary
committee and the school board discussed the possibility of disruption.
Over the school-district’s objection, Franklin was permitted to testify as
an expert. Characterizing the statements in Bell’s recording as nothing more
than “colorful language” used to entice listeners and reflective of the norm
among young rap artists, Franklin testified that it gave him no cause for
concern. On cross-examination, however, he testified: if an individual’s name
is used in a rap recording and precedes the words “[p]ut a pistol in your mouth
and cap him”, “it would definitely be cause for a conversation with the young
man, absolutely”.
The superintendent testified:
she had attended the school-board
meeting; there was a foreseeable danger of substantial disruption at the school
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