Hargrave goes to court to stop website

(photo courtesy of Henry H. Mitchell)

Hargrave Military Academy attorneys were scheduled to be in federal court today (Wednesday) to convince Judge James C. Turk to extend a temporary restraining order as a preliminary injunction. It would continue to shut down an inflammatory website about the school.

Judge Tuck's docket, however, has Hargrave's appearance listed as May 31.

Added to the mix this week is an interest by the American Civil Liberties Union of Virginia which filed a memorandum in opposition to Hargrave's motion for a preliminary injunction.

One of the ACLU's greatest concerns is the protection of the Free Speech Clause of the First Amendment to the United States Constitution, purports the organization.

The website was launched May 5 by Jerry and Melissa Guyles of Holly Springs, N.C., whose son, a Hargrave senior, was dismissed March 17 for stealing DVDs and an Ipod.

His dismissal was recommended by the Hargrave Cadet Honor Council and upheld by Hargrave president Col. Wheeler Baker.

The site attacked Col. Baker, criticizing his leadership ability and decisions and the school's operations and policies.

The ACLU says Hargrave's requested injunction restricts the Guyles' freedom of speech to an enormous degree, calling it unconstitutionally vague, overly broad and an unprecedented and unjustifiable restraint on speech.

Jerry and Melissa Guyles also sent letters to Hargrave parents expressing their discontent with the academy and threatened to sabotage recruiting efforts and school activities by speaking out.

The letter said Baker lacked courtesy, professionalism, honesty and integrity and that cadets are expelled frequently and capriciously.

The ACLU contends that much of what is in the letter and on the website is either opinion or statement of uncontested fact.

The ACLU says Hargrave seeks to shut down the entire website and enjoin further contact between the defendants and other parents.

Such an overly broad injunction, they contend, would violate both the First Amendment and Federal Rules of Civil Procedure which "require injunctions to be specific in terms" and "describe in reasonable detail the act or acts sought to be restrained."

Hargrave sent a letter on April 28 urging the Guyles to cease and desist their malicious attack on Hargrave as an institution and refrain from further interfering with Hargrave's contractual relationship with parents of its students.

On May 3 Mr. Guyles sent an email to Baker, Admissions Director Frank Martin and School Commandant Mike Jeffcoat "laced with profanity and vulgarity," according to court papers.

It stated that Baker lacked "testicular fortitude" for failing to respond to Guyles' demands and advised that the letter to parents is generating "a hell of an interesting response."

Hargrave and Baker filed a lawsuit in U.S. District Court for the Western District of Virginia, Roanoke Division, last week against Jerry and Melissa Guyles for libel, assault and slander.

A temporary restraining order was issued May 8.

They attempted to dissuade parents of prospective students from enrolling, to convince parents of current students not to re-enroll next year, and solicited other parents to join in their vendetta against Hargrave and Baker, according to court records.

Additional papers filed Tuesday reference allegations that the Guyles teen and perhaps his parents are destroying information the youth posted on MySpace.com that incriminated him in stealing and drug use.

The lawsuit says Baker affirmed the recommendation of the Honor Council and expelled the Guyles teen for multiple violations of the Honor Code pledge as well as violating Hargrave regulations.

In pertaining to stealing, the code provides that "any cadet caught stealing on or off campus or in possession of an article reported stolen has violated the cadet Honor Code and will be subject to punishment up to and including dismissal."

Melissa Guyles said she acknowledges her son did something wrong, but dismissal with only nine weeks left until graduation was not appropriate.

The Guyles have attempted to "vilify Hargrave as an institution in the eyes of parents and its students," according to court records and are attempting to "defame" Col. Baker.

The lawsuit contends that without a permanent injunction the efendants "will continue to cause Hargrave to suffer irreparable injury."

It also specifies that the academy is entitled to damages in excess of $75,000 to be determined through discovery and trial.

The federal court has jurisdiction because the plaintiffs and defendants are citizens of different states and the amount in controversy exceeds $75,000.

Susan Worley
Chatham Star-Tribune
May 17, 2006