John Doe 2 was a high school sophomore in Virginia. Several female students accused him of inappropriate sexual comments and touching. Doe admitted making some of the comments, including a vulgar joke about a tampon, while disputing other accusations. The school suspended him and later transferred him to another school.

Doe argued that at least some of his words were protected by the First Amendment and that the school’s sexual-harassment rules were written too broadly. The school board responded that public schools may restrict vulgar student speech and may enforce rules protecting students from sexual harassment.

The Fourth Circuit ruled for the school board. It concluded that the tampon joke was plainly vulgar and therefore could be restricted under Fraser even without a separate showing of substantial disruption under Tinker. The court also rejected Doe’s facial overbreadth challenge to the student conduct rules.

The opinion is unpublished and is not binding precedent in the Fourth Circuit. It nevertheless illustrates the distinction between ordinary student expression and vulgar or sexually explicit speech, which public schools generally have greater authority to regulate on campus.