Case: 12-60264 Document: 00513162565 Page: 7 Date Filed: 08/20/2015 No. 12-60264 One of the committee members asked Bell why he had posted a new version of the rap recording on YouTube, after school officials had discussed with him his posting it on Facebook. Bell gave a few (and somewhat conflicting) explanations: the Facebook version was a raw copy, so he wanted a finalized version on YouTube; the Facebook version was for his friends and “people locally” to hear, whereas the YouTube version was for music labels to hear; and he posted the YouTube version with a slideshow of pictures to help better explain the subject matter of the recording (his Facebook version only included a brief explanation of the backstory in the caption to the rap recording). Although Bell’s attorney, at one point, attempted to discuss the misconduct of the coaches alleged in the rap recording, the school-board attorney redirected the proceeding to its purpose: to resolve whether Bell threatened, harassed, and intimidated the teachers; and, to decide whether his suspension should be upheld. In numerous instances, the school-board attorney emphasized this purpose, noting Bell’s “comments made [in the recording that] ‘you’ve f—ed with the wrong one / going to get a pistol down your mouth / POW’[,] those are threats to a teacher”. Bell contested the school-board attorney’s interpretation, responding: “Well that ain’t really what I said”; and then provided what he described as the written “original copy” of what had been recorded. (It is unclear from the disciplinary-committee-hearing recording, or other parts of the summaryjudgment record, which copy Bell provided.) Bell explained he did not mean he was going to shoot anyone, but that he was only “foreshadowing something that might happen”. (Emphasis added.) But, he agreed that individuals “outside the school setting” had made “certain statements” to his mother that “‘put a pistol down your mouth’[,] that is a direct threat”. 7