The Case of the Purloined Letter

Abstract

DURING THE 1999-2000 school year, seventh-graders John and Jane1 began going together at Northwood Junior High School in a small town near Little Rock, Arkansas. They primarily saw each other at school and at church, and their relationship was marked by multiple breakups. During summer vacation before eighth grade, Jane broke up with John for the final time; she was interested in another boy. Upset Jane would not go out with him again, John drafted two violent, misogynist, and obscenity-laden rants at home, expressing a desire to sodomize, rape, and murder According to John, he intended to write a rap song with lyrics similar to the violence and vulgarity of Eminem, Juvenile, and Kid Rock but found no beat or rhythm to fit his words. He ultimately penned and signed the documents as letters, which he kept at home, directed to that bitch Jane. Approximately a month before the school year began, John's best friend, Bill, discovered one of the letters while searching for something on top of John's bedroom dresser. Before Bill had a chance to read the letter, John snatched it from his hand. However, when Bill asked for permission to read it, John agreed and handed it back to him, even though he knew Bill, who was Jane's friend, might well tell her about it. After reading it, Bill asked John to give him a copy, but John refused. Jane learned about the existence and contents of the letter during a telephone conversation with either John or Bill; their testimony differed. In any event, although the letter may have been attributed to another student, the evidence is undisputed eventually John admitted to her in a subsequent call he was the letter's author. Concerned about the letter, approximately a week before school started, Jane enlisted Bill's help in obtaining it from John. Bill spent the night at John's house and took the letter from John's bedroom, without his knowledge or permission, the next morning. On the second day of the school year, Bill gave the letter to Jane, who read it in gym class in the presence of a few of her friends. Hearing what it said, one of her friends immediately went to the school security officer, reporting John had made threats against The officer accompanied her back to the gym, where he found Jane frightened and crying. Jane explained how she had obtained the letter and what its contents were. The officer informed the school's administration. The principal conducted an investigation, finding out Bill had taken the letter from John and delivered it to Jane at school. He also learned Jane had been so scared she did not want to leave the gym and had slept with the lights on for the first few nights after reading the letter. As a result, the principal recommended John be expelled for the remainder of the school year. He based his recommendation on a rule in the district's handbook for student conduct, which prohibited students from making terrorizing threats against others and required a recommendation for expulsion. Based on district procedures, John and his parents appealed to the director of student services, who serves as the hearing officer for such disciplinary cases. The director recommended John's discipline be a one-semester suspension, with the opportunity to attend the district's alternative school during period. Rejecting his recommendation, John's parents took the matter to the school board. After a hearing, the board voted to expel John for the remainder of the school year, per the principal's recommendation. Upset with the decision, John's parents filed suit in federal court on his behalf, contending imposing the punishment violated John's First Amendment freedom of expression. On 27 September 2000, the district court issued a temporary restraining order, directing the board to reinstate John on the condition he not have any contact with …