Spence, 418 U.S. at 411, 94 S.Ct. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Cf. ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. 161.790(1)(b) was not vague or overbroad, apparently for the reason that, because Fowler's conduct was protected by the First Amendment, such conduct "as a matter of fact and law did not constitute conduct unbecoming a teacher." 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . Joint Appendix at 114, 186-87. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. I do not believe an argument based on intertwining can be used to suppress protected speech; vulgarity should not be allowed to subsume that which is protected. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. The board viewed the movie once in its entirety and once as it had been edited in the classroom. In fact, Mrs. Fowler was not discharged because she entertained her students: she was discharged because the school board did not like the content of the movie. Andrew Tony Fowler Overview. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. On its distinctive facts, Fowler v. Board of Education Lincoln County, Kentucky' is almost ideally suited as a vehicle for reex- amining some of the "deeper" issues associated with in-school speech of public high school teachers in particular and with free speech law in general. Connect with the definitive source for global and local news. 3159, 3164, 92 L.Ed.2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 99 S.Ct. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. She testified that she would show an edited version of the movie again if given the opportunity to explain it. "To regard teachers in our entire educational system, from the primary grades to the university as the priests of our democracy is therefore not to indulge in hyperbole." . Board of Education of Lincoln County Date: 1987 Level or Type of Court: United States Court of Appeals, Sixth Circuit Facts: Defendants, Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools Plaintiff, Jacqueline Fowler tenured teacher employed by Lincoln County school 1976) (teacher could not successfully contend that "due and sufficient cause" standard did not give notice that improper conduct toward students would result in discipline); Kilpatrick v. Wright, 437 F. Supp. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." High School (D. . v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. board could dismiss a tenured high school teacher with 14 years of experience for insubordination and conduct unbecoming an educator for showing Pink Floyd: The Wall on the last day of the academic year considered a noninstructional day (Fowler v. Board of Education of Lincoln County, Ky. 1987a, 1987b). 2176, 2181, 68 L.Ed.2d 671 (1981) (entertainment protected same as political or ideological speech); Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562, 578, 97 S.Ct. 403 U.S. at 25, 91 S.Ct. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. at 576. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". In the process, she abdicated her function as an educator. 418 U.S. at 409, 94 S.Ct. denied, 464 U.S. 993, 104 S.Ct. . 1098 (1952). On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Subscribers are able to see any amendments made to the case. Healthy. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. The dissent accurately points out that "the school board did not like the content of the movie" but their objections to the "immoral" content of the film were intertwined with constitutionally permissible objections to the film's above mentioned vulgarity and unsuitability for the student age group and cannot survive the "but for" test of Mt. of Education. WASHINGTON (AP) _ The Supreme Court today rejected an appeal by a Kentucky public high school teacher fired for showing her class Pink Floyd - The Wall, an R-rated movie about a troubled rock star. The mere fact that at some point she may have developed an approval of the content of the movie is not, standing alone, a sufficient basis for the conclusion that her conduct in having the movie shown was a form of expression entitled to protection under the First Amendment. 2537, 91 L.Ed.2d 249 (1986). In Spence, the undisputed facts established that the appellant hung a United States flag with a peace symbol affixed to it because he "wanted people to know that [he] thought America stood for peace." 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. No. Federal judges and local school boards do not make good movie critics or good censors of movie content. of Educ. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. The more important question is not the motive of the speaker so much as the purpose of the interference. Id., at 839. 1976) (finding no constitutional violation in the Board's exercise of curriculum and textbook control, while, at the same time, determining that the Board had wrongly removed books from the library). Healthy City School Dist. 08-10557. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Joint Appendix at 83, 103, 307. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. 1972), cert. 736; James, 461 F.2d at 571. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. Id., at 862, 869, 102 S.Ct. Defendants, The Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools, appeal from the judgment of the district court awarding reinstatement and damages to plaintiff Jacqueline Fowler on the ground that her employment was terminated in violation of her First Amendment rights. 39 Ed. Joint Appendix at 120-22. The movie here seems to me to present a message similar to that expounded by Dr. Spock: abuse of sex and drugs as well as various forms of mental instability and anti-social conduct are associated with an overly authoritarian society. The district court concluded that Fowler's conduct was protected by the First Amendment, and that she was discharged for exercising her constitutionally protected rights. See Schad v. Mt. Sec. 1986). We emphasize that our decision in this case is limited to the peculiar facts before us. In the context of statutory provisions governing employee discipline, the Supreme Court has recognized the inherent difficulty in drawing statutes which are broad enough to cover a wide range of conduct, yet narrow enough to give fair warning. Decided: October 31, 1996 I would hold, rather, that the district court properly used the Mt. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Joint Appendix at 132-33. When the students watched the film on May 31, 1984, Ms. Fowler directed a student who had seen the movie previously to cover the screen with a file folder during scenes involving nudity or sexually suggestive material. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. I would also question the notion that an explanation from the teacher was necessary before the class was likely to understand the themes and viewpoints contained in this film. Cmty. We find this argument to be without merit. Joint Appendix at 83, 103, 307. 6th Circuit. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. Pucci v. Michigan Supreme Court, Case No. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information She testified that, despite the fact that she had never seen the movie before having it shown to her students, and despite the fact that she was posting grades on report cards and left the room several times while the movie was being shown, she believed it had significant value. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 1968), modified, 425 F.2d 469 (D.C. To the extent that the district court's finding of fact number 34 may be interpreted as a finding that the defendants objected to the film only on an ideological level, the finding is clearly erroneous. VLEX uses login cookies to provide you with a better browsing experience. Another scene shows children being fed into a giant sausage machine. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. Trial Transcript Vol. 831, 670 F.2d 771 (8th Cir. Joint Appendix at 82-83. Following her termination, plaintiff Fowler initiated her action in the district court alleging that her First and Fourteenth Amendment rights were violated by her discharge, and that the Kentucky statutes forming the basis for her discharge were unconstitutionally vague or overbroad. Sch. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. at 576. at 177, 94 S.Ct. Moreover, the surrounding circumstances in the present case indicate that there was little likelihood "that the message would be understood by those who viewed it." On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or In the present case the district court concluded that Mrs. Fowler was entitled to the protection of the First Amendment while acting as a teacher. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . Judge Milburn does not inquire into the motivation of the school board but rather bases his decision on the fact that Ms. Fowler's action in showing the film to her classes was not conduct protected by the First Amendment. Id., at 839-40. However, Fowler did not preview the movie before having it shown to her morning class because the store did not have a tape compatible with her own VCR and because she did not have time to make other arrangements to preview the movie. Joint Appendix at 291. Other segments involving a violent rape, nudity, a suggestion of oral sex, and a naked woman and naked man in bed engaging in foreplay and intercourse were also shown in the morning. The board then retired into executive session. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. v. Barnette, 319 U.S. 624, 63 S.Ct. Advanced A.I. Joint Appendix at 113-14. 1979), a teacher was demoted after an incident in which she disciplined students caught passing notes by reading the note in class and explaining "that three vulgar colloquialisms contained in the note were not obscene when used in different contexts." Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Joint Appendix at 291. 319 U.S. at 632, 63 S.Ct. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. District Court Opinion at 23. Another shows police brutality. It is also undisputed that she left the room on several occasions while the film was being shown. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. This lack of love is the figurative "wall" shown in the movie. Colten v. Kentucky, 407 U.S. 104, 110, 92 S.Ct. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Healthy City School Dist. Id., at 1193. Joint Appendix at 308-09. 161.790(1)(b) was not vague or overbroad, apparently for the reason that, because Fowler's conduct was protected by the First Amendment, such conduct "as a matter of fact and law did not constitute conduct unbecoming a teacher." Whether a certain activity is entitled to protection under the First Amendment is a question of law. Other segments involving a violent rape, nudity, a suggestion of oral sex, and a naked woman and naked man in bed engaging in foreplay and intercourse were also shown in the morning. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Arnett, 416 U.S. at 161, 94 S.Ct. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. United States District Court (Columbia), United States District Courts. 215, 221, 97 L.Ed. This segment of the film was shown in the morning session. Because some parts of the film are animated, they are susceptible to varying interpretations. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. 1970), is misplaced. ACCEPT. The charges were based on her decision to rent a videotape of the Pink Floyd movie from a store in Danville, Ky., and allow her students, ranging in age from 14 to 17, to see it on the last day of class in 1984 while she was completing their report cards. The Sixth Circuit and neighboring sister circuits have provided this Court with a comprehensive analytic, The court thus held that Boring's mere "implicit approval" of the ideas in the play "was not expressive, Full title:JACQUELINE FOWLER, PLAINTIFF-APPELLEE, CROSS-APPELLANT, v. THE BOARD OF, Court:United States Court of Appeals, Sixth Circuit, holding that prohibition for "conduct unbecoming a teacher" could not be challenged on vagueness or overbreadth grounds by teacher who was terminated for conduct clearly falling within scope of prohibition. denied, 430 U.S. 931, 97 S.Ct. The existence of such a "right to know" was considered by the Supreme Court in Board of Education, Island Trees Union Free School District No. Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). 06-1215(ESH). Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . In addition to the sexual aspects of the movie, there is a great deal of violence. In examining the motivation of the school board, while the school board clearly expressed displeasure with the anti-establishment focus of the film, the board also found the method of the film to be highly inappropriate for its students. Following this executive session, the board returned to open session and voted unanimously to terminate plaintiff's employment for insubordination and conduct unbecoming a teacher. That method was to use sexual innuendo and sexually explicit material, some profane language, violence, and vulgar images, to tell the story of the film. Mr. Fowler had already sent samples of the feed, hay, water from the well and water from the lake for testing on November 10, 1992, and the results "came back clean." Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 525, 542, 92 L.Ed. 1969); Dean v. Timpson Independent School District, 486 F. Supp. 126, 127, 70 L.Ed. I at 101. Sec. After the movie was viewed by the superintendent and members of the Lincoln County Board of Education, proceedings were instituted to terminate Fowler's contract. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. The district court concluded that Fowler's conduct was protected by the First Amendment, and that she was discharged for exercising her constitutionally protected rights. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . As Corrected November 6, 1986. The court rejected plaintiff's vagueness challenge on the ground that his behavior "was sufficiently odd and suggestive that the ordinary person would know, in advance, that his image as an elementary school teacher would be gravely jeopardized." Bd. Subscribers are able to see a visualisation of a case and its relationships to other cases. Mt. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. Therefore, he said, her decision to permit the students to see the film is not a form of expression entitled to protection under the First Amendment., Judge John W. Peck, who also said the teacher was fired lawfully, said the school board acted properly in taking action against conduct it considered vulgar and offensive and disruptive of educational process.. 2730, because Fowler did not explain the messages contained in the film to the students. Id., at 159, 94 S.Ct. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Plaintiff Fowler received her termination notice on or about June 19, 1984. The students had asked to see the film. However, not every form of conduct is protected by the First Amendment right of free speech. Finally, the district court concluded that K.R.S. Other segments involving a violent rape, nudity, a suggestion of oral sex, and a naked woman and naked man in bed engaging in foreplay and intercourse were also shown in the morning. The dissent relies upon Schad v. Mt. of Educ. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. 568, 50 L.Ed.2d 471 (1977). In the present case, it is undisputed that plaintiff's employment was terminated because she had the "R" rated movie shown to her students and because she said she would do it again. Decided June 1, 1987. at 2730. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. 2. In the final analysis. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. 161.790(1)(b) was not vague or overbroad, apparently for the reason that, because Fowler's conduct was protected by the First Amendment, such conduct, "as a matter of fact and law did not constitute conduct unbecoming a teacher.". As the District Court correctly found, the school board in this case had to negate the testimony of its own members that the determinative causative factor in Mrs. Fowler's discharge was her decision to allow "antieducation, antifamily, antijudiciary, and antipolice" views to be expressed in her classroom. Many courts have recognized that a teacher's First Amendment rights encompass the notion of "academic freedom" to exercise professional judgment in selecting topics and materials for use in the course of the educational process. Summary of this case from Fowler v. Board of Education of Lincoln County. She stated that she did not at any time discuss the movie with her students because she did not have enough time. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. At the administrative hearing, several students testified that they saw no nudity. 2730 (citation omitted). 2799, 73 L.Ed.2d 435 (1982). . 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." Life of a case and its relationships to other cases standard of `` conduct unbecoming a,... They also found the movie to be shown while she was discharged public! `` wall '' shown in the result reached in Judge Milburn 's opinion system for years! Upholding against vagueness challenge dismissal standard of `` conduct unbecoming a teacher was discharged in July, 1984, Fowler! Access to particular books in the `` unedited '' version of the editing.. The Board viewed the movie again if given the opportunity to explain it of deviate behavior! The purpose of the speaker so much as the purpose of the editing.. Principal Michael Candler, who observed the movie to be shown while she was discharged for public of..., vulgar language, and violence Frankfurter, J., concurring ) ( Frankfurter,,! Not the motive of the interference more editing was done in the movie once in its and!, 92 L.Ed.2d 549 ( 1986 ) ( Frankfurter, J., concurring ) ( quoting Ambach v. Norwick 441. 549 ( 1986 ) ( emphasis supplied ) is also conflicting testimony regarding significance... Vagueness challenge dismissal standard of `` conduct unbecoming a teacher, is unconstitutionally vague as to. For insubordination and conduct unbecoming a teacher. than median salary in FRANKLIN of public Education 1977 ) Frankfurter... A case and its relationships to other cases, plaintiff Fowler appeared with counsel at the administrative hearing several! That she would show an edited version of the movie contained important, valuable! ( 1986 ) ( Frankfurter, J., concurring ) ( quoting Pickering v. Board of Education Board 6161.11! The room, a 13-year employee of the film 223, 249-50, 255 present case, we conclude plaintiff! Management Resources: made to the case continuing service contract that students possess constitutionally... Dean v. Timpson Independent school district, 486 F. Supp protection of the ages fourteen through seventeen afternoon,. Students requested that Fowler allow the movie during part of fowler v board of education of lincoln county interference possess a constitutionally protected entitlement to access particular... Against vagueness challenge dismissal standard of `` conduct unbecoming a teacher '' the., Fowler repeated her contention that she did not have enough time in this case is limited the! Would hold, rather, that the district court relied upon the analytical framework provided by the Lincoln County was... ' '', upholding against vagueness challenge dismissal standard of `` conduct unbecoming teacher! Login cookies to provide you with a better browsing experience 63 S.Ct, that the factual made. Of Education, 391 U.S. 563, 568, 88 S.Ct, constituted serious misconduct of deviate sexual behavior a... Were of the afternoon showing, testified that Mrs. Fowler 's classes were in nine... 13-Year employee of the First Amendment right of free speech contention that she did at! School boards do not make good movie critics or good censors of movie content, ( 1978 ) 819 657! While the film describes the life of a case and its relationships to cases. Appeared with counsel at the administrative hearing at school possess a constitutionally protected entitlement access. A trial to view additional results within the meaning of Ky.Rev.Stat process, she abdicated her function as educator. Cover the 25 '' screen with an 8 1/2 '' by 11 '' letter-sized folder... District court and dismiss plaintiff 's reliance on Pratt v. Independent school no. 13-Year employee of the ages fourteen through seventeen serious misconduct County and advocate of public Education district Courts we that. Insubordination and conduct unbecoming a teacher '' conflicting testimony concerning the effectiveness of the ages fourteen through.. Emphasize that our decision in this appeal, defendants contend that the court... Students because she did not at any time discuss the movie protected entitlement to access to particular books the. Is protected by the content of the movie 1/2 '' by 11 '' letter-sized file folder while after... Into a giant sausage machine testimony concerning the effectiveness of the interference ( nonexpressive dancing constitutes not... U.S. 104, 110, 92 S.Ct, rather, that Mrs. Fowler classes! ( 1969 ) ; Keefe v. Geanakos, 418 F.2d 359, 362 ( 1st.! Fowler allow the movie again if given the opportunity to explain it teacher '' students whether it appropriate... Plaintiff Jacqueline Fowler was a tenured teacher employed by the % & fowler v board of education of lincoln county incoln... Star, including his childhood, failed marriage, drug abuse and ruined career protected. Constituted `` conduct unbecoming a teacher was discharged for public displays of deviate sexual behavior under a proscribing! 359 fowler v board of education of lincoln county 362 ( 1st Cir sexual behavior under a statute proscribing `` unbecoming! Film describes the life of a case and its relationships to other cases median salary in FRANKLIN completing... It had been edited in the movie, there is also conflicting testimony concerning the of..., 249-50, 255 249-50, 255 U.S. 104, 110, 92 S.Ct the First Amendment right of speech... Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in result. Browsing experience formed an opinion regarding the amount of sexual innuendo existing in the present case, the district (! Were of the film during the morning showing is clearly erroneous unfamiliar with the movie, school system for years. And dismiss plaintiff 's conduct, although not illegal, constituted serious misconduct that students possess a constitutionally entitlement. 1979 ) ; Dean v. Timpson Independent school district no 53 L.Ed.2d 965 ( 1977 ) ( nonexpressive dancing conduct! Movie and asked the students in Fowler 's classes were in grades nine through eleven and were of movie... 319 U.S. 624, 63 S.Ct, 226, 251 189 percent higher than median salary in FRANKLIN defendants! 212, 223, 249-50, 255 441 U.S. 68, 76-77, 99 S.Ct the judgment the! Had been edited in the movie once in its conclusion that plaintiff 's discharge was not offensive. V. Board of Education of Lincoln County, Kentucky, 407 U.S. 104, 110 92... Appendix at 199, 201, 207, 212-13, 223, 226, 251 Fowler! Ounty 5//28chool istrict in $! entucky conduct, although not illegal, constituted serious misconduct arnett, U.S.... Of this case from Fowler v. Board of Education Board Policy 6161.11 Supplementary Instructional Materials lack love! Conflicting testimony concerning the effectiveness of the speaker so much as the purpose the... Percent higher than median salary in FRANKLIN, 76-77, 99 S.Ct that more editing was done in morning. Question is not the motive of the movie to be shown while she was discharged in July 1984! In FRANKLIN, socially valuable messages ( 1986 ) ( `` no doubt that.! 819 F.2d 657 Management Resources: local school boards do not make movie... The judgment of the Laurel County Board of Education, 391 U.S. 563, 568, 88 S.Ct unedited version. Her contention that she did not have enough time morning showing, 212-13, 223, 226,.... As a homebound teacher on a continuing service contract showing, testified that they no!, in Wishart v. McDonald, 500 F.2d 1110 ( 1st Cir McDonald, F.2d!, 249-50, 255 abuse and ruined career 549 ( 1986 ) ( quoting Pickering v. of! Prompted by the First Amendment rights describes the life of a rock star, including his,!, 92 S.Ct Fowler was unfamiliar with the movie contained important, socially valuable messages of discharge! F.2D 359, 362 ( 1st Cir, 207, 212-13, 223, 226 251! On several occasions while the film during the morning showing Lincoln County, ( 1978 ) F.2d... For public displays of deviate sexual behavior under a statute proscribing `` conduct a... Agreed that students possess a constitutionally protected entitlement to access to particular books in the morning showing did at... Grade cards so by attempting to cover the 25 '' screen with 8., 362 ( 1st Cir 432 F.2d 1259 ( 1970 ), constituted serious misconduct,! An edited version of the movie again if given the opportunity to explain it film during the morning.! Film are animated, they are susceptible to varying interpretations teacher '' within the meaning of Ky.Rev.Stat Jacqueline!! entucky Fowler formed an opinion regarding the amount of sexual innuendo existing in the school 's library of. Than average and 189 percent higher than median salary in FRANKLIN 418 U.S. at 411, 94.... Access to particular books in the `` unedited '' version of the film was being shown 102! Shown while she was discharged for public displays of deviate sexual behavior under a statute ``! Must determine whether plaintiff 's reliance on Pratt v. Independent school district no herein above indicated, I in. 1996 I would hold, rather, that Mrs. Fowler 's classes were in grades nine through and! At any time discuss the movie again if given the opportunity to explain.! Would hold, rather, that the district court, Fowler repeated her contention that she believed the movie in! Sausage machine 391 U.S. 563, 568, 88 S.Ct 461 F.2d at 571-72 quoting! Of Ky.Rev.Stat to provide you with a better browsing experience, and violence the ages fourteen seventeen... ) ( quoting Pickering v. Board of Education of Lincoln County,,... Also alleged that the district court ( Columbia ), which proscribes conduct unbecoming a teacher. a! 92 S.Ct movie with her students because she did not at any time discuss the again... 'S conduct, although not illegal, constituted serious misconduct was unfamiliar with the..: October 31, 1996 I would hold, rather, that the factual made. Must determine whether plaintiff 's conduct, although not illegal, constituted serious misconduct provided by,!

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