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Bell v. Itawamba County School Board, 799 F.3d 379 (2015)

Evolving technology has tested caselaw concerning on-campus student speech. In Bell versus Itawamba County School Board, the court weighed whether to extend the standard for suppressing student conduct to off-campus speech.

High school senior Taylor Bell recorded a rap outside of school and posted it on his public Facebook profile. The rap called out two male coaches at his school for inappropriately touching, looking at, and speaking to female students. The rap used cursing and the N-word, claimed the coaches needed to watch their backs, and referenced the coaches getting shot.

One coach found out about the rap from his wife the next day and reported it to the principal. The principal, the school district’s superintendent, and a school-board attorney questioned Bell about the rap and the coaches’ misconduct. While Bell’s school was closed for inclement weather, Bell added commentary and a picture slideshow to a finalized version of the rap and uploaded it to YouTube.

Bell was suspended pending a disciplinary committee hearing facilitated by the school-board attorney. The YouTube video was played. Committee members questioned Bell, who explained the rap didn’t mean he was going to shoot anyone and that he didn’t report the misconduct because he thought he’d be ignored. When Bell’s attorney tried to discuss the misconduct, the school-board attorney redirected the focus to whether Bell had threatened, harassed, and intimidated the coaches. The committee recommended Bell be suspended. Bell appealed. The school board accepted the recommendation.

Bell sued, claiming the school board violated his First Amendment right to free speech. Bell presented affidavits from students about the misconduct. The court didn’t consider them. An expert testified that Bell’s colorful language was the norm in rap music. The coaches testified the rap adversely affected their work. One coach said it made him alter how he interacted with female students.

The judge said there weren’t any factual issues and had the parties move for summary judgment. The school board’s motion was granted. The court said Bell’s rap was harassment, intimidation, and possibly a threat and caused a material and substantial disruption at school. Bell appealed. A Fifth Circuit panel held the school board violated Bell’s First Amendment right by disciplining him. The school board appealed. The court granted en banc review.

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