BOSTON, Massachusetts — The United States Court of Appeals for the First Circuit on Thursday affirmed the decision by the U.S. District Court to block the suspension of Aela Mannsmann, the Cape Elizabeth student accused of bullying another student by leaving sticky notes in a girls' bathroom that said, "There's a rapist in our schools and you know who it is."
Mannsmann told NEWS CENTER Maine Friday, October 4, that she was suspended for bullying after she left the sticky notes in two girls bathrooms.
School officials told NEWS CENTER Maine they were required by law to investigate any time a student bullies another student, and said they were confident in their investigation of the incident.
"It makes me angry that I'm being punished for bullying and a rapist isn't being punished for raping people," Aela Mansmann told NEWS CENTER Maine at the time. "I felt this was important -- that this was common knowledge."
The American Civil Liberties Union of Maine then took on Aela’s case, and a federal judge blocked the suspension while defending Aela’s note as free speech.
The Appeals Court wrote, "We do not endorse the District Court's precise reasoning, but for the reasons described below, we hold the District Court did not abuse its discretion in granting the preliminary injunction."
Aela Mannsmann said in a press release from the ACLU, “I’m so thrilled that the Court recognized my advocacy deserves constitutional protection. I hope this ruling helps more students speak up about sexual assault, and other topics that are important to them.”
The Cape Elizabeth School District responded, "While we are disappointed that the appeals court did not reverse the decision of the district court, the importance of this decision is that it affirms the ability of school administrators to restrict student speech that results in the bullying of another student. We have always encouraged our students to speak out on matters that are important to them and we will continue to do so. But from our perspective, that is not what this case was about. As the court recognized, the student, in this case, was disciplined because the school administration believed she was bullying another student and this decision provides further justification for our commitment to protecting the rights of all students to feel safe at school and free from bullying behavior by their peers."
The initial decision by a federal judge blocked the suspension of Mansmann on the grounds the school violated her First Amendment rights.
The ACLU of Maine argued that the note was protected as free speech and designed to call attention to sexual assault at the school and to hold administrators accountable for keeping students safe.
"The statement there's a rapist in our school and you know who it is on a sticky note posted in the girl's bathroom does not promote a political objective or galvanize fruitful debate. It is an unfounded alarmist suggestion of danger and culpability," Melissa Hewey, an attorney representing Cape Elizabeth Schools, said in opening arguments via phone conference back in June.
Hewey argued that school administrators had the right to block Mansmann's speech because her actions targeted at a single student was classified as bullying under Maine law and caused significant disruption to the school climate.
"We classify the speech as bullying and speech that collides with another student," Hewey told NEWS CENTER Maine
Mansmann and her attorney told NEWS CENTER Maine that was not the intent.
"I would not agree with that," Mannsman said. "The sticky note is a place holder for conversation and ultimately, whether I like the direction that the conversation has gone or not, it started a conversation."
Mansmann said her goal from the start was to get the attention of school officials and the public about ongoing concerns surrounding sexual assault.
ACLU attorney Emma Bond argued the note did not name a student and should be protected as free speech. She said while they are depending on precedent set by other education cases, the case has been particularly challenging because it is unlike any other heard in this part of the country.
"This is the first time that an issue like this has appeared before the first circuit but for more than half a century the Supreme Court has been clear that students don't leave their constitutional and first amendment rights at the schoolhouse door," Bond told NEWS CENTER Maine.
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Bond said the school was legally obligated to hear and address Mansmann's concerns regardless of the results of an investigation without repercussions.
School officials released a letter in October after investigating the allegations of rape in which they questioned at least 47 students.
Hewey said that investigation found the rumors to be completely false.
"I still know who I'm helping and what my work is doing long term," Mansmann said. "I'm hopeful that in the future, survivors, advocates, and myself will reflect and say, 'That was a day that survivors' rights were defended'."