A federal judge rejected the argument of a Georgia man that his email to an Indiana public school administrator, saying people should punch, kick, urinate on and throw feces at her, is not merely “ill-mannered and rude” but a jury could find it “extreme and outrageous.”
The lawsuit brought by Jennifer Oakley and her husband, Justin Oakley, of Martinsville, Ind., can proceed after defendant Samuel P. Warren of Canton, Ga., asked for it to be dismissed, Judge Matthew P. Brookman of the Southern District of Indiana ruled.
Raw Story first reported on Warren’s email as part of an investigation published in August.
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Warren’s threats appear to have been prompted in April 2023 by a segment on Fox News’ Jesse Watters Primetime, which featured a conservative nonprofit’s hidden camera video, obtained under false pretense, that accused public school administrators in Indiana, including Oakley, of “stealthily teaching students principles associated with critical race theory.”
Eleven minutes after the program ended, Warren sent Oakley an email that contained a passage wondering why Oakley hadn’t found a “tall tree with a short piece of rope.” Warren also expressed hope that someone would push Oakley out of an airplane at 30,000 feet.
Among the statements Warren made in his email to Oakley:
- “How is it that you still have a job and not found your way to a tall tree with a short piece of rope??”
- “Everyone you ever encounter after that should spit in your face, fling their feces at you (with impeccable aim), punch you, knock you down, kick you, piss on you and hold you there for similar treatment by everyone waiting in line for their turn — you despicable sad excuse for a sub-human being.”
- “With any luck, someone else on the airplane will recognize you and jettison you from the aircraft at 30,000 feet over the ocean at least 200 miles from any land.”
- “There is a special place in hell for which you richly deserve to be consigned to for eternity — there is no hope of redemption.”
Brookman, the judge, wrote, “Mr. Warren contacted Ms. Oakley directly and personally attacked her in a manner that could plausibly be described as an intentional attempt to cause her severe emotional distress. … While ‘extreme and outrageous’ is a high bar, Ms. Oakley's allegations are sufficient to survive a motion to dismiss.”
The judge also rejected an argument that Warren’s speech was directed at a public official and therefore protected by the First Amendment. The judge cited case law saying that not all public employees are “public officials.”
The Oakleys are asking for a civil jury trial, compensatory and punitive damages and attorneys fees.
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Oakley, a mid-level administrator, said Accuracy in Media, the Washington, D.C.-based non-profit that produced the videos used in the Fox News report, took her words out of context.
She explained that she was not discussing critical race theory, but rather, talking about “social and emotional learning.” Social and emotional learning is part of Indiana’s state public education standards.
Critical race theory is a highly controversial front in the culture wars that, at its core, alleges systemic racism in America. Oakley said that at the time she didn’t even know much about critical race theory, which is generally not taught below the college level but has become a catch-all term for some conservatives who generally object to public schools teaching about racial equity or social justice movements.
Warren’s email prompted Oakley and her husband, Justin, to file a police report. Many more emails and social media posts, phone calls and unusual activity outside their home prompted the Oakleys to buy a Doberman they named Zeus to help protect their family. Justin Oakley said he got out his guns for the first time in years.
Through public records requests, Raw Story revealed that at least two other public school administrators in the Fox News report received the same email from Warren. They are not part of the lawsuit.
Oakley said two women showed up unannounced at the Metropolitan School District of Martinsville administration building, presenting themselves as a politically liberal couple that just moved to the area and were exploring schools for their first grader. In reality, they were undercover members of Accuracy in Media, which promotes using tax money for private schools.
Neither Fox News nor Accuracy in Media provided answers to questions from Raw Story for its original story.
