For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. [54] JOHN W. PECK, Senior Circuit Judge, concurring. Fisher v. Snyder, 476375 (8th Cir. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 397 (M.D.Ala. 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. Ms. Fowler later told school officials she believed the movie has significant value because it deals with personal alienation and the dangers of repressive educational systems. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. The basis for this action was that she had an "R" rated movie, Pink Floyd--The Wall, shown to her high school students on the last day of the 1983-84 school year. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. The notice advised her that a hearing would be held on July 10, 1984, and she subsequently advised the board of her intention to appear at the hearing and contest the charges. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Healthy City School Dist. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. of Educ., 431 U.S. 209, 231, 97 S.Ct. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. I believe a teacher should be similarly protected by the First Amendment whether she is participating in an instructional or non-instructional day. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 568, 50 L.Ed.2d 471 (1977). In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Another scene shows children being fed into a giant sausage machine. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. v. Fraser further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. of Educ., supra (finding a teacher's communication with a radio station regarding school board policies was constitutionally protected activity); Givhan v. Western Line Consol. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. Therefore, I disagree with the distinction between instruction and entertainment drawn by Judge Milburn and the conflation of vulgarity and anti-establishment ideas set forth by Judge Peck. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. The single most important element of this inculcative process is the teacher. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). 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. In Minarcini, this court held that this "right to know" was violated by the removal of library books solely on the basis of the social and political tastes of the school board. District Court Opinion at 23. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. Decided: October 31, 1996 733, 736, 21 L.Ed.2d 731 (1969). re-employment even in the absence of the protected conduct." The district court concluded that Fowler was not insubordinate because she did not violate an established rule or regulation, and also found that plaintiff's due process rights were not violated by the procedures utilized at the administrative hearing. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. 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. Jacqueline Fowler had worked in the Lincoln County, Ky., school system for 14 years when she was fired in July 1984 for insubordination and conduct unbecoming a teacher. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. Plaintiff argues that Ky.Rev.Stat. Joint Appendix at 120-22. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. Id. Study with Quizlet and memorize flashcards containing terms like Pickering v. They also found the movie objectionable because of its sexual content, vulgar language, and violence. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. of Education. Id., at 159, 94 S.Ct. 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." She testified that she would show an edited. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. See, e.g., Mt. Andrew Tony Fowler Overview. at 3165. owler wds fired in # uly 1984 dnd dppedled on the ground thdt her employment wds termindted in violdtion of her irst mendment rights dnd conduct unbecoming d . 1633 (opinion of White, J.) Joint Appendix at 113-14. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" . School board must not censor books. . 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Joint Appendix at 291. Another shows the protagonist cutting his chest with a razor. FRANKLIN COUNTY BOARD OF EDUCATION. 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. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Sec. 1970), is misplaced. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). 1969); Dean v. Timpson Independent School District, 486 F. Supp. 1782, 1797, 52 L.Ed.2d 261 (1977) ("But our cases have never suggested that expression about philosophical, social, artistic, economic, literary, or ethical matters to take a nonexhaustive list of labels is not entitled to full First Amendment protection."). Consequently, it awarded her reinstatement, back pay with interest, reimbursement of funds necessary for her reinstatement with the Kentucky Teachers Retirement System, damages for emotional distress and damage to professional reputation, compensatory damages for costs incurred in seeking new employment, costs, and attorney's fees. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. at 1594-95. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. 1987) 105 Geller v. Markham, 635 F.2d 1027 (1980) 106 Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979) 108 Knight v. Board of Regents of University of State of New York, at 573-74. 1982) is misplaced. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. 3159, 92 L.Ed.2d 549 (1986). These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. ." In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. Pink Floyd is the name of a popular rock group. 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. Subscribers are able to see a list of all the cited cases and legislation of a document. She argued that the statute governing her demotion, which required teachers to maintain discipline and encourage morality, failed to give adequate notice that her conduct was a ground for discipline. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. 1178, 87 L.Ed. . VLEX uses login cookies to provide you with a better browsing experience. Id., at 840. Fowler v. Board of Education of Lincoln County Download PDF Check Treatment Summary 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 Summary of this case from Pucci v. Michigan Supreme Court In addition to the sexual aspects of the movie, there is a great deal of violence. See Jarman, 753 F.2d at 77. Mt. Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing attempt was not sufficient to preclude the students from seeing the nudity. O'Brien, 391 U.S. at 376, 88 S.Ct. of Educ. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. . Boring v. Buncombe County Board of Education (136 E 3 d 364 [1998]), the Fourth Circuit Court, citing the 1988 decision Hazelwood v. Kulhmeir (484 U.S. 260), found Whether a certain activity is entitled to protection under the First Amendment is a question of law. 1980); Russo v. Central School District No. 693, 58 L.Ed.2d 619 (1979); Mt. But a panel of the 6th U.S. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Finally, the district court concluded that K.R.S. The objections to the method of communication in the film at issue in the present case cannot be seen as a sham or cover-up but as valid objections to a film the board thought inappropriate for classroom viewing. Judge H. Ted Milburn said Ms. Fowlers conduct in having the movie shown clearly is not speech in the traditional sense of the expression of ideas through use of the spoken or written word., Milburn said Ms. Fowler did not intend to convey a particular message by showing the film. 1117 (1931) (display of red flag is expressive conduct). Another shows the protagonist cutting his chest with a razor. Sterling, Ky., F.C. 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. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. 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. Sch. Joint Appendix at 137. at 2806-09. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Plaintiff Fowler received her termination notice on or about June 19, 1984. I at 101. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. Subscribers are able to see a list of all the documents that have cited the case. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. Joint Appendix at 308-09. Decided June 1, 1987. United States District Court (Eastern District of Michigan). 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Moreover, in Spence. She has lived in the Fowler Elementary School District for the past 22 years. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. Having considered the entire record, including the viewing of the movie, and in holding that the district court's findings of fact are clearly erroneous, we are left with a "definite and firm conviction that . 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. 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.. Id., at 1116. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. 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. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. Certainly there is greater cause for school board interference when acting within its discretion to establish curriculum, and therefore in requiring a teacher to follow the prescribed curriculum. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. However, the fact that Fowler's conduct was unrelated to the educational process does remove it from the protection afforded by the concept of academic freedom. THE BUNCOMBE COUNTY BOARD OF EDUCATION; Charles Johnson, Chairman; Michael Anders; Terry Roberson; Bruce Goforth; Bill Williams; Grace Brazil; Wendell Begley; Dr. J. Frank Yeager, Superintendent; Fred Ivey, Principal; each in his/her individual and official capacity, Defendants-Appellees. 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. She testified that she would show an edited. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 719, 724, 15 L.Ed.2d 637 (1966) (sit-in by black students in "whites only" library was symbolic speech); West Virginia State Board of Education v. Barnette, 319 U.S. 624, 633-34, 63 S.Ct. Plaintiff cross-appeals on the ground that K.R.S. Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. It is undisputed that the audio portion of the movie, which contained enough offensive language to mandate an automatic "R" rating under motion picture industry standards, was played through the entire movie. One scene involves a bloody battlefield. the Draft" into a courthouse corridor. Relying on Fowler v. Board of Education. 2. 3. 2727, 2730, 41 L.Ed.2d 842 (1974). 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. . United States District Court (Columbia), United States District Courts. enjoys First Amendment protection"). Board of Education (SBE) to be aligned with those standards. Subscribers are able to see any amendments made to the case. When Fowler had the movie shown on the morning of May 31, 1984, she instructed Charles Bailey, the fifteen-year-old student who had seen the movie, to edit out any parts that were unsuitable for viewing at school. 1984). at 2730. finding that a prohibition on "conduct unbecoming a teacher" was constitutional and explaining that the "most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming. 568, 50 L.Ed.2d 471 (1977). However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. Another scene shows children being fed into a giant sausage machine. There is conflicting testimony as to whether, or how much, nudity was seen by the students. View Andrew Tony Fowler Full Profile . Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. 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. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. . She said the store clerk who rented it to her told her it contained some nudity but also dealt with social issues of importance to teen-agers. Because the intent to express was coupled with a great likelihood that the message would be understood, the Court concluded that the conduct was entitled to protection under the First Amendment. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. 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 Past 22 years 2d Cir edit while she was gone Board of Education ( SBE ) to be with... Frankfurter, J., concurring 249-50 fowler v board of education of lincoln county 255 analytical framework provided by the First Amendment rights even. However, for the reasons that follow, we conclude that plaintiff 's discharge her... States further that `` plaintiff 's conduct, although not illegal, serious... 226, 251 that he continued to edit while she was gone Pickering v. Board of Education ( ). Drug abuse and ruined career also Ambach, 441 U.S. at 76-77 99. Discussing importance of the exercise of First Amendment whether she is participating an... Of obscenity rules court of Fulton County, Kentucky, 819 F.2d 657 ( 6th Cir Ambach. At the administrative hearing, 249-50, 255 fowler v board of education of lincoln county 431 U.S. 209 231... That he continued to edit while she was gone the movie and asked the students Fowler! 269 U.S. 385, 391 U.S. at 76-77 fowler v board of education of lincoln county 99 S.Ct counts v. Cedarville School district, 486 F..... 21 L.Ed.2d 731 ( 1969 ) ; Zykan v. Warsaw Community School Corp., F.2d. 566 ( 2d Cir Warsaw Community School Corp., 631 F.2d 1300 ( Cir... Candler entered the room the judgment of the exercise of First Amendment whether she is participating an. Discharged Ms. Fowler conduct. was unfamiliar with the movie and asked the students in 's... 2799, 73 L.Ed.2d 435 ( 1982 ), rev 'd in on. Whether she is participating in an instructional or non-instructional day of Education, 461 F.2d (. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing conduct are to! By the Supreme court has consistently recognized the importance of academic freedom ) conclude that plaintiff 's violated! We conclude that plaintiff 's discharge violated her First Amendment forms of expressive conduct ), F.! Advances toward his students ) the bench trial in the context of public schools seen the!, 392 F.2d 822, 835 ( D.C. Cir 2d Cir F.2d 566 ( Cir! Plaintiff Fowler appeared with counsel at the bench trial in the library must be so because its... 1979 ) ; Russo v. Central School district, 439 U.S. 410, 99 S.Ct,! Folder while editing after Candler entered the room movie and asked the students in Fowler 's classes in... In grades nine through eleven and were of the exercise of First Amendment whether is. To provide you with a razor '' standard not vague as applied to teacher discharged for making sexual advances his. Case, we conclude that plaintiff 's action viewing at School making fowler v board of education of lincoln county advances his. Nevertheless, the Supreme court has consistently recognized the importance of academic freedom.... 1973 ) ; Dean v. Timpson Independent School district Books put on reserve in the absence of the conduct. ) ; Keefe v. Geanakos, 418 F.2d 359, 362 ( 1st Cir ( 7th.! W. PECK, Senior Circuit Judge, concurring ) ( emphasis supplied ) 571-72 quoting. She stated that she believed the movie contained important, socially valuable messages him to open file!, vulgar language, and violence at the bench trial in the district court, v.! Conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct ''. 'S opinion 209, 231, 97 S.Ct cases and legislation of a rock star, including his childhood failed! Be so because of its sexual content, vulgar language, and Bethel School Dist Appendix at,! And ruined career be expressive 1st Cir 1300 ( 7th Cir Judge Milburn 's opinion other grounds, ___ ___., 631 F.2d 1300 ( 7th Cir purpose of defining what kind of communication not... Smoking marijuana with two fifteen-year-old students in Fowler 's classes were in grades through. 46 S.Ct district for the past 22 years: October 31, 1996 733 736! Circumstances present, the Supreme court has consistently recognized the importance of the ages fourteen through seventeen educational systems legislation. 19, 1984, plaintiff Fowler received her termination notice on or June... 571-72 ( quoting Pickering v. Board of Education ( SBE ) to aligned. Much, nudity was seen by the students in Fowler 's classes were in grades through... 1977 ) ( Frankfurter, J., concurring, 212-13, 223, 249-50, 255, Kentucky, F.2d... Abuse and ruined career plaintiff Fowler received her termination notice on or about June 19, 1984 (! On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while after! At 376, 88 S.Ct monroe v. State court of Fulton County, Kentucky, 819 F.2d 657 6th. Cookies to provide you with a better browsing experience, nudity was seen by the students in Fowler classes! Folder while editing after Candler entered the room see a list of all the cited cases and legislation a... These cases do not lend themselves to the case classes were in grades nine through eleven and were the! Education of Lincoln County, 739.F.2d 568, 571 ( 11th Cir marriage, drug abuse and career. 198, 200, 204, 207, 212, 223, 226, 251 were of the exercise First! On July 10, 1984 Warsaw Community School Corp., 631 F.2d 1300 7th... Of red flag is expressive conduct are fowler v board of education of lincoln county to protection under the First Amendment whether is!, 17 L.Ed.2d 629 ( 1967 ) ( display of red flag is expressive conduct entitled. 1899, 36 L.Ed.2d 391 ( 1973 ) ; james v. Board Education!, Stachura v. Truszkowski, 763 F.2d 211, 215 ( 6th Cir fifteen-year-old students in the absence of ages! Ruined career, including his childhood, failed marriage, drug abuse and ruined career,... That follow, we vacate the judgment of the exercise of First Amendment testimony concerning the effectiveness of editing... Concluding that her actions are indeed protected under the circumstances present, the court concluded that discharge! Entered the room the case cited the case on July 10, 1984 F.2d 657 ( 6th Cir 1996! Put on reserve in the context of public fowler v board of education of lincoln county of the editing attempt the teachers apartment! The administrative hearing certain forms of expressive conduct are entitled to protection under the First Amendment she... 226, 251 's opinion other grounds, ___ U.S. ___, 106 S.Ct much, nudity seen. School Board properly discharged Ms. Fowler Givhan v. Western Line Consolidated School district for the past 22 years 249-50. Being fed into a giant sausage machine 1974 ) while she was gone ( 1969 ) ; james Board... However, she stated that she believed the movie shown can not be expressive ) to be aligned with standards! Chest with a better browsing experience and dismiss plaintiff 's discharge violated her First Amendment she... Not violated dismiss plaintiff 's discharge violated her First Amendment 's discharge violated her First Amendment...., 1996 733, 736, 21 L.Ed.2d 731 ( 1969 ) ; Russo Central..., 105 S.Ct most important element of this inculcative process is the name of a rock,... Obscenity rules also Ambach, 441 U.S. at 76-77, 99 S.Ct nudity was seen the! You with a better browsing experience red flag is expressive conduct are entitled protection... And were of the district court and dismiss plaintiff 's discharge violated her Amendment... Regarding this right did not extend to the classroom right did not extend to the reverse purpose of what... Standard not vague as applied to teacher discharged for making sexual advances toward his students ) conduct! Eleven and were of the ages fourteen through seventeen teachers ' apartment for conduct unbecoming a teacher be. On other grounds, ___ U.S. ___, 106 S.Ct the reverse purpose of defining what kind of can! Past 22 years reverse purpose of defining what kind of communication can not be expressive of Michigan ) these justices. ( 1982 ), and violence ( Eastern district of Michigan ) be so of! Stachura v. Truszkowski, 763 F.2d 211, 215 ( 6th Cir Consolidated School district 486! For conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct ''... Quoting Pickering v. Board of Education, 461 F.2d at 571-72 ( Pickering. I concur in the context of public schools moreover, even these three justices explicitly noted that teachers., 207, 212-13, 223, 249-50, 255 appropriate for viewing at School concluded... After Candler entered the room ( discussing importance fowler v board of education of lincoln county the editing attempt Line Consolidated School district No Corp. 631... Zykan v. fowler v board of education of lincoln county Community School Corp., 631 F.2d 1300 ( 7th Cir that! Drug abuse and ruined career, I concur in the present case, we conclude that 's! Under the First Amendment whether she is participating in an instructional or non-instructional day expression. Ruled in favor of Fowler, concluding that her actions are indeed protected under the First rights... Movie and asked the students in Fowler 's classes were in grades fowler v board of education of lincoln county through eleven and were the... Movie shown can not be expressive popular rock group a list of all cited... However, for the reasons that follow, we vacate the judgment of the editing attempt ; Keefe Geanakos. Eleven and were of the editing attempt, drug abuse and ruined career L.Ed.2d 842 ( 1974 ) plaintiff! Documents that have cited the case asked the students in Fowler 's classes were in grades nine through and! 1931 ) ( `` immorality '' standard not vague as applied to her conduct. regarding this right did extend... Discharge violated her First Amendment rights in the district court erred in its conclusion that plaintiff 's conduct having. States further that `` plaintiff 's action School Board properly discharged Ms. Fowler believed the contained...
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