Hargrave Military Academy v. Guyles [1]

After their son was expelled from the Hargrave Military Academy for stealing, Jerry and Melissa Guyles wrote a letter to other parents of Hargrave students, discussing their son's expulsion and their interactions with the administration, and expressing their view that the director of the School, Wheeler Baker, was lacking in leadership qualities. They subsequently set up a website called "HargraveHasProblems.com," on which they posted a copy of the letter and stories from other parents.

Baker and the school sued for defamation, interference with contract, and other torts under Virginia and North Carolina law. They sought, and the court granted (without notice or a hearing), an extraordinarily broad temporary restraining order barring the Guyles from contacting parents or operating the website. The plaintiffs then moved for sanctions against the Guyles for violating the terms of the temporary restraining order and to convert the temporary restraining order into a preliminary injunction.

The Guyles appeared in the action through counsel, and the ACLU filed an amicus curiae brief on their behalf, arguing that the temporary restraining order was an unconstitutional prior restraint on speech in violation of the First Amendment.

The parties eventually settled the dispute in a court mediation session. The terms of the settlement were not disclosed to the public. The court never ruled on the First Amendment question.