Case: 12-60264
Document: 00513162565
Page: 2
Date Filed: 08/20/2015
No. 12-60264
intending it to reach the school community. In the recording, Bell names the
two teachers and describes violent acts to be carried out against them.
Interpreting the language as threatening, harassing, and intimidating the
teachers, the Itawamba County School Board took disciplinary action against
Bell.
Bell claims being disciplined violated his First Amendment right to free
speech. On cross-motions for summary judgment, the district court ruled, inter
alia: the school board, as well as the school-district superintendent, Teresa
McNeece, and the school principal, Trae Wiygul, acting in their official
capacities (the school board), acted reasonably as a matter of law. Bell v.
Itawamba Cnty. Sch. Bd., 859 F. Supp. 2d 834 (N.D. Miss. 2012).
Primarily at issue is whether, consistent with the requirements of the
First Amendment, off-campus speech directed intentionally at the school
community and reasonably understood by school officials to be threatening,
harassing, and intimidating to a teacher satisfies the almost 50-year-old
standard for restricting student speech, based on a reasonable forecast of a
substantial disruption. See Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393
U.S. 503, 514 (1969) (infringing otherwise-protected school speech requires
“facts which might reasonably have led school authorities to forecast
substantial disruption of or material interference with school activities”).
Because that standard is satisfied in this instance, the summary judgment is
AFFIRMED.
I.
On Wednesday, 5 January 2011, Bell, a high-school senior, posted a rap
recording on his public Facebook profile page (and later on YouTube), using
what appears to be a representation of a Native American as the rap
recording’s cover image. (His high-school mascot is a Native American.) The
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