John Doe, a Minor, by His Mother and Next Friend, Jane Doe v. Pulaski County Special School District

HEANEY, Circuit Judge,

with whom McMILLIAN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges, join, dissenting.

Because I believe the majority has undermined the scope of the First Amendment by failing to consider the unique circumstances of speech in a school setting, I respectfully dissent. I believe the proper inquiry before us is 1) whether J.M.’s written expression is protected speech or a true threat; and 2) if it is protected speech, as I believe it is, whether it is subject to regulation because it may cause substantial disruption or interfere with the rights of other students. The…