Case: 12-60264 Document: 00513162565 Page: 5 Date Filed: 08/20/2015 No. 12-60264 4. “middle fingers up if you want to cap that nigga / middle fingers up / he get no mercy nigga”. Bell’s use of “rueger” [sic] references a firearm manufactured by Sturm, Ruger & Co.; to “cap” someone is slang for “shoot”. A screenshot of Bell’s Facebook profile page, taken approximately 16 hours after he posted the rap recording, shows his profile, including the rap recording, was open to, and viewable by, the public. In other words, anyone could listen to it. On Thursday, 6 January, the day after the recording was posted, Coach W. received a text message from his wife, informing him about the recording; she had learned about it from a friend. After asking a student about the recording, the coach listened to it at school on the student’s smartphone (providing access to the Internet). The coach immediately reported the rap recording to the school’s principal, Wiygul, who informed the school-district superintendent, McNeece. The next day, Friday, 7 January, Wiygul, McNeece, and the school-board attorney, Floyd, questioned Bell about the rap recording, including the veracity of the allegations, the extent of the alleged misconduct, and the identity of the students involved. Bell was then sent home for the remainder of the day. Because of inclement weather, the school was closed through Thursday, 13 January. During Bell’s resulting time away from school, and despite his having spoken with school officials about his rap recording, including the accusations against the two coaches, Bell created a finalized version of the recording (adding commentary and a picture slideshow), and uploaded it to YouTube for public viewing. Bell returned to school when it reopened on Friday, 14 January; he was removed from class midday by the assistant principal and told he was suspended, pending a disciplinary-committee hearing. (He was permitted to 5