MEMPHIS, Tenn. - A Mississippi high school is back in the news and accused of violating a student's first amendment rights.
This time, a high school senior boy is suing.
Itawamba Agricultural High School in Fulton was sued by a lesbian student who wanted to attend the prom with another girl.
Taylor Bell was suspended and then sent to an alternative school over a rap song he wrote, and then posted to his Facebook page.
Some of Taylor Bell's lyrics in the song talk specifically about two high school coaches and how they allegedly were flirting with female students.
One of the lyrics says ‘going to get a pistol down your mouth.’ Another talks about ‘capping’-otherwise known as shooting someone.
Bell faced a discipline hearing with the school district and was suspended for 7 days and was ordered to attend 5 weeks at the county's alternative school.
That was earlier this year.
Fast forward and last month, Bell filed a lawsuit against the school district, its superintendent and the high school's principal for violating his constitutional right to free speech.
This leads us to Thursday when Bell's attorneys were before a federal judge looking for a federal injunction. An expert witness, and Bells mother were called by Bell’s team to the stand and the two coaches in question, a member of the school board’s legal team were also called by the school district.
The injunction was denied.
“This is something that we’re dealing with that was a direct clear threat a threat of placing a pistol in someone's mouth and capping them,” said Ben Griffith, Itawamba School District’s attorney.
“No one said that they felt frightened by him and thought that he would hurt them. His song had rude rhetoric in it and rude lyrics and it was vulgar but it was about matters of public importance,” said Will Colom, Bell's attorney.
“I never intended any kind of harm on anyone anybody those were just words? Yes sir there were no directs threats you know,” said Bell.
Now that doesn't affect the lawsuit that Bell's lawyers have filed. Bell and his team still believe that his first amendment constitutional rights have been violated. They are suing for one dollar and they want record of this incident expunged.
Also they want an apology from the school district. An appeal from Thursday’s action is expected in the next week or so.
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