A.M., a Maine high school student, placed an anonymous sticky note in a girls’ bathroom saying, “THERE’S A RAPIST IN OUR SCHOOL AND YOU KNOW WHO IT IS.” The note appeared during a broader dispute about how the school handled allegations of sexual assault. Administrators investigated and planned to suspend A.M. for bullying.

A.M. argued that the note addressed an important issue of school safety and sexual assault and was protected by the First Amendment. The district argued that the message targeted another student, contributed to harassment, and disrupted the school environment.

The First Circuit affirmed a preliminary injunction preventing the suspension while the case continued. The court concluded that the evidence then available did not sufficiently show that A.M.’s note had caused or could reasonably be expected to cause the substantial disruption or invasion of others’ rights required by Tinker. The ruling was preliminary, so it did not finally resolve every issue in the case.

The decision is important because speech about serious and controversial school issues does not lose protection simply because it makes people uncomfortable. A school still needs facts connecting the particular speech to constitutionally significant disruption or harm.