Federal judge sides with boy accused of writing threatening letter

By The Associated Press

11.27.00

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LITTLE ROCK, Ark. — A 14-year-old boy who wrote a letter about an ex-girlfriend was wrongly expelled from school after it was taken from his house and shown to the girl and school authorities, a federal judge has ruled.

The Nov. 22 ruling by U.S. District Judge George Howard Jr. said the boy's written words are protected as free speech under the First Amendment and that the Pulaski County School District overstepped its authority in booting him from classes.

The school had argued that it acted correctly in expelling the boy for one year for "terroristic threatening."

"The court finds that the letter did not constitute a threat, but is protected speech," Howard wrote.

The boy's letter, styled like a rap song, included "patently offensive and profane" language and a threat to kill the ex-girlfriend, the judge said. But it was written at home during the summer and was never intended to be given to anyone, Howard said. The letter was taken by a friend of the boy and given to the girl, who gave it to a school police officer.

After his expulsion, the boy attended an alternative school from Aug. 29 to Sept. 12, when the school board upheld the expulsion and said the boy could no longer attend the alternative school.

Howard issued a temporary restraining order against the expulsion Sept. 27, allowing the boy back into regular eighth-grade classes at Northwood Junior High School.

In his ruling, Howard directed the school to end the expulsion, remove any reference to it from the boy's school record and restore all the boy's rights and privileges.

The American Civil Liberties Union, which backed the boy's lawsuit, said the ruling should send the message that the school's authority ends at the edge of its property.

"Regardless of what parents or legislators or school officials may want ... the school cannot reach out beyond the door of the schoolhouse and extend its fingers onto the street, into the mall or into the bedrooms of schoolchildren," said Rita Sklar, executive director of the ACLU in Arkansas.

School attorney Greg Jones declined to say whether he would appeal. He said Howard had refused to allow into evidence, during a three-day trial, some testimony that would have bolstered claims that the letter was a threat.

"The board felt that [the boy's] expulsion was proper," Jones said. "The district will respect [Howard's] decision, but we are disappointed with the fact that he wouldn't consider significant parts of the testimony from the victim and others."

The ex-girlfriend testified on Nov. 21 that she slept with the light on after reading the letter because she was afraid of the boy's threat to hide under her bed and slit her throat.

Update

Boy's letter wasn't true threat, says federal appeals panel
ACLU representative says ruling in Arkansas case helps clarify when speech containing violent thoughts or images is protected by First Amendment.  08.29.01

Previous

Arkansas teen testifies about ex-boyfriend's 'threatening' letter
ACLU contends boy's letter, which he says was never meant to be seen by the girl, is protected speech.  11.22.00

Related

Arkansas teen accused of 'terroristic' threats challenges expulsion
Federal judge has issued a temporary restraining order allowing boy back in school pending outcome of hearing.  10.05.00

Kids, beware: Public school punishes boy for private thoughts
First Amendment Outrage In central Arkansas, a story is playing out that shows such a stunning lack of understanding of the First Amendment's guarantee of free speech that it requires a warning label  10.10.00