BELL v. ITAWAMBA COUNTY SCHOOL BD.

No. 12-60264.

799 F.3d 379 (2015)

Taylor BELL; Dora Bell, individually and as mother of Taylor Bell, Plaintiffs-Appellants v. ITAWAMBA COUNTY SCHOOL BOARD; Teresa McNeece, Superintendent of Education for Itawamba County, Individually and in her official capacity; Trae Wiygul, principal of Itawamba Agricultural High School, Individually and in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 20, 2015.


Attorney(s) appearing for the Case

Wilbur O. Colom (argued), Scott Winston Colom , Attorney, Colom Law Firm, L.L.C. Columbus, MS, for Plaintiffs-Appellants.

Benjamin Elmo Griffith (argued), Griffith Law Firm, Oxford, MS, Michael Stephen Carr, Esq. , Attorney, Griffith & Carr, Cleveland, MS, Michele H. Floyd , Fulton, MS, for Defendants-Appellees.

Scott L. Sternberg , Baldwin Haspel Burke & Mayer, L.L.C., New Orleans, LA, for Amicus Curiae Student Press Law Center.

Allyson Newton Ho , John Clay Sullivan , Morgan, Lewis & Bockius, L.L.P., Dallas, TX, Jeffrey Carl Mateer , General Counsel, Hiram S. Sasser, Esq. , Kelly J. Shackelford, Esq. , Chief Counsel, Plano, TX, for Amicus Curiae Mary Beth Tinker.

Before STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH, BARKSDALE, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON and COSTA, Circuit Judges.


Away from school or a school function and without using school resources (off-campus speech), Taylor Bell, a student at Itawamba Agricultural High School in Itawamba County, Mississippi, posted a rap recording containing threatening language against two high school teachers/coaches on the Internet (first on...

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