Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. The court went on to view this conduct in light of the purpose for teacher tenure. 693, 58 L.Ed.2d 619 (1979); Mt. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. As we have noted, the "R" rated movie was shown on a noninstructional day to students in Fowler's classes in grades nine through eleven who were of ages ranging from fourteen through seventeen. 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. ACCEPT. The students had asked to see the film. Sec. at 573-74. 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. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. Rehearing and Rehearing En Banc Denied July 21, 1987. denied, 409 U.S. 1042, 93 S.Ct. 3. . Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. The school board stated insubordination as an alternate ground for plaintiff's dismissal. at 1182. 3159, 92 L.Ed.2d 549 (1986). Joint Appendix at 321. They also found the movie objectionable because of its sexual content, vulgar language, and violence. (dicta indicating that standard of "conduct prejudicial to the effective and expeditious administration of the business of the courts" was sufficiently clear to put judge on notice that criminal, potentially impeachable offenses would trigger investigation), cert. 1972), cert. (same); Fowler v. Board of Educ. 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. 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. Plaintiff cross-appeals on the ground that K.R.S. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. 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. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. The clerk who rented the "R" rated tape to Fowler told her that there was some nudity in the movie during a song called "Young Lust" and warned that she might wish to delete that section. 1633, 40 L.Ed.2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not an unconstitutionally vague standard for employee discharge. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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. re-employment even in the absence of the protected conduct." Joint Appendix at 132-33. 1628 (1943) (flag salute), are inapposite because they involve examples of symbolic expression, not verbal communication, and articulate guidelines for determining what symbolic acts may constitute expression. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Ms. Fowler's after the fact rationalizations for having shown the film cannot alter the fact that she used poor judgment and should not shield her from the consequences. Moreover, in Spence. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". Joint Appendix at 129-30. 161.790(1)(b). Mt. Appeal from the United States District Court for the Eastern District of Kentucky. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Bd. Writing for the Court, Justice Harlan stated that "while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric. Arnett, 416 U.S. at 161, 94 S.Ct. Mrs. Fowler proved at trial, as Judge Milburn says at page 660 of his opinion, that she was discharged because the board members regarded the movie as "immoral, antieducation, antifamily, antijudiciary, and antipolice." of Educ., 431 U.S. 209, 231, 97 S.Ct. enjoys First Amendment protection"). Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. 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. The Court in the recent case of Bethel School Dist. 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. Rather, she had it shown for the purpose of keeping her students occupied during a noninstructional day while she was involved in posting grades on report cards. One scene involves a bloody battlefield. of Educ. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 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. 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. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. 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. In addition to the sexual aspects of the movie, there is a great deal of violence. I would hold, rather, that the district court properly used the Mt. Joint Appendix at 83-84. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Healthy standard, a public employee establishes a prima facie case of a constitutional violation if she shows that she was engaged in protected activity, and that such activity was a substantial or motivating factor in the decision to terminate her employment. . 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 83, 103, 307. 1504, 1512-13, 84 L.Ed.2d 518 (1985). Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 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. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Spence, 418 U.S. at 410, 94 S.Ct. 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. 1780, 29 L.Ed.2d 284 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. Joint Appendix at 291. 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." Decided: October 31, 1996 of Educ. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. Assuming that the school board could have properly discharged Mrs. Fowler for poor judgment and lack of remorse in showing an "R-rated" movie which had short scenes depicting nudity and sexual foreplay, but not for the other reasons given, this case must be decided under the "mixed-motive" analysis of Mt. 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. 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. 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. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Id., at 1194. The court disagreed, concluding that "[t]he regulations prescribing a teacher's speech and conduct are necessarily broad; they cannot possibly mention every type of misconduct." 06-1215(ESH). at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. 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. The clerk who rented the "R" rated tape to Fowler told her that there was some nudity in the movie during a song called "Young Lust" and warned that she might wish to delete that section. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. denied, 411 U.S. 932, 93 S.Ct. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. United States Court of Appeals, Sixth Circuit. "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." Id. at 3165 (emphasis supplied). Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. United States Courts of Appeals. Because some parts of the film are animated, they are susceptible to varying interpretations. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. 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. It is also undisputed that she left the room on several occasions while the film was being shown. Dist. 161.790(1)(b) is not unconstitutionally vague. 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. Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. Under the Mt. There is no support for the proposition nor does the school board argue that a teacher's academic freedom or a student's right to hear may be abridged simply because a school board dislikes the content of the protected speech. at 2806-09. Trial Transcript Vol. 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 Supreme Court has recognized that not every form of "conduct can be labeled `speech' whenever the person engaging in the conduct intends thereby to express an idea." The District Court held that the school board failed to carry this Mt. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. 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." Similarly, in Tinker, the uncontroverted evidence showed that the students who wore the black armbands were engaged in an expression of opposition to the Vietnam war, which the Court concluded was akin to "pure speech." An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. at 1788. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. In order to defend itself against such a claim, the government must establish by a preponderance of the evidence that the decision to terminate would have been made in the absence of the exercise of the constitutionally protected right. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). 1178, 1183, 87 L.Ed. 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. Emergency Coalition v. U.S. Dept. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. . She testified that she would show an edited version of the movie again if given the opportunity to explain it. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 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. 1968), modified, 425 F.2d 469 (D.C. The single most important element of this inculcative process is the teacher. But a panel of the 6th U.S. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 106 S.Ct. 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.". Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 2880, 2897, 37 L.Ed.2d 796 (1973)). She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. "Consciously or otherwise, teachers . 1980) ("conduct unbecoming an officer" standard gave notice that reckless gunplay was subject to discipline); Kannisto v. San Francisco, 541 F.2d 841, 844-45 (9th Cir. 487, 78 L.Ed.2d 683 (1983). Another shows the protagonist cutting his chest with a razor. Another scene shows children being fed into a giant sausage machine. denied, 430 U.S. 931, 97 S.Ct. at 2805-06, 2809. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. Cir. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. The more important question is not the motive of the speaker so much as the purpose of the interference. Relying on Fowler v. Board of Education. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Healthy, 429 U.S. at 287, 97 S.Ct. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Nancy J. Zelno (Zelno) appeals from a decision of the Secretary of Education (Secretary) affirming the decision of the Board of Directors of the Lincoln Intermediate Unit No. Subscribers can access the reported version of this case. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. Joint Appendix at 127. 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, In addition to the sexual aspects of the movie, there is a great deal of violence. 1969); Dean v. Timpson Independent School District, 486 F. Supp. Id., at 159, 94 S.Ct. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 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. 5//28he tdught high school % "dtin dnd ivics. v. Pico, 457 U.S. 853, 102 S.Ct. at 576. Sec. Healthy, 429 U.S. at 282-84, 97 S.Ct. See, e.g., Mt. One student testified that she saw "glimpses" of nudity, but "nothing really offending." 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . Among the "special circumstances" which must be considered in defining the scope of First Amendment protection inside the classroom is the "inculcat[ion of] fundamental values necessary to the maintenance of a democratic political system." Fowler rented the video tape at a video store in Danville, Kentucky. of Educ.. (opinion of Powell, J.) Such conduct, under the circumstances involved, clearly is not "speech" in the traditional sense of the expression of ideas through use of the spoken or written word. 3159, 3164, 92 L.Ed.2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 99 S.Ct. of Education. Rather, the proper focus of our inquiry is whether Fowler was engaged in expressive activity protected by the First Amendment, and nothing in the record would indicate that she was so engaged. 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." Even when the actor does intend to communicate a message by his conduct, a governmental interest in regulating the nonspeech aspect of such conduct may justify incidental restrictions on the speech aspect as well. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. at 736-37. I at 101. 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. 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. 568, 50 L.Ed.2d 471 (1977). 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. mistake[s] ha[ve] been committed." 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. 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. . A federal judge ruled that the firing violated Ms. Fowlers First Amendment rights of free expression, and ordered her reinstated and paid $10,000 for emotional distress. 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. at 307; Parducci v. Rutland, 316 F. Supp. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. 2. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. . See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. Another shows police brutality. 2727, 2729-31, 41 L.Ed.2d 842 (1974) (per curiam) (display of flag with peace symbol attached was expressive conduct entitled to protection under First Amendment); Tinker, 393 U.S. at 505, 89 S.Ct. One particularly controversial segment of scenes is animated in which flowers appear on the screen, are transformed into the shape of male and female sex organs and then engage in an act of intercourse. 322 (1926). at 2730. District Court Opinion at 23. at 287, 97 S.Ct. Subscribers are able to see a list of all the documents that have cited the case. Id., at 839. 26 v. Pico, 457 U.S. 853, 102 S.Ct. Ky.Rev.Stat. In the final analysis. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. 733, 736, 21 L.Ed.2d 731 (1969), has acknowledged that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." 1969)). For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. Peck noted that the board was displeased with the anti-establishment focus of the film and that alone would not be legitimate grounds for discharging the teacher. See also James, 461 F.2d at 568-69. CASE TITLE:Fowler v. Board of Education of Lincoln County Kentucky CITATION: Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (Sixth Circuit, 1987) FACTSA tenured teacher's employment was ended because she had an "R" rated movie, Pink Floyd--The Wall,shown to her high school students on the last day of the school year. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. 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. Another scene shows children being fed into a giant sausage machine. The board then retired into executive session. 1981); Russo, 469 F.2d at 631. It is undisputed that Fowler left the room several times while the movie was being shown, and that she was posting grades during the time she was present in the classroom. I at 108-09. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 2730, because Fowler did not explain the messages contained in the film to the students. But whatever the meaning of the movie, however good or bad it may be, my main concern is that the holdings of both Judge Milburn and Judge Peck are in error. 2537, 91 L.Ed.2d 249 (1986). She lost her case for reinstatement. 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 Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Board of Education, mt. 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. The two appeals court judges in the majority upheld the firing for different reasons. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. Sec. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. Bryan, John C. Fogle, argued, Mt. 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 Moreover, there is also conflicting testimony regarding the amount of sexual innuendo existing the... L.Ed.2D 796 ( 1973 ) ; Crews v. Cloncs, 432 F.2d 1259 ( 1970 ) than in District..., for the general proposition that entertainment enjoys First Amendment only when.. Shows the protagonist cutting his chest with a razor bench trial in District. Quoting Meehan v. Macy, 392 F.2d 822, 835 ( D.C. Cir, 101 S.Ct fowler v board of education of lincoln county. Access the reported version of the film held that the factual findings made in support of her discharge were violated! Let stand a ruling that the teacher three justices agreed that students possess constitutionally! 2859, 53 L.Ed.2d 965 ( 1977 ) ; Kingsville Independent School District Board Educ! Purpose of the movie for insubordination and conduct unbecoming a teacher is entitled to the protection the! This case this Mt 775 ( 1977 ) ( Frankfurter, J., concurring ) ( supplied. 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With testimony indicating that School officials objected to the protection of the film are,! Books put on reserve in the morning showing is clearly erroneous v. Des Moines Independent Community School,. 200, 204, 207, 212, 223, 249-50, 255 Scripps-Howard Broadcasting casting Co., 433 562! ( D.C `` conduct unbecoming a teacher store in Danville, Kentucky, School system for years. V. Strongsville City School District v. Cooper, 611 F.2d 1109, 1113 ( Cir., plaintiff Fowler appeared with counsel at the administrative hearing of civil discourse and political expression by conduct! Into a giant sausage machine 393 U.S. 503, 506, 89 S.Ct ( 1952 ) (,... Form of civil discourse and political expression by their conduct and deportment in and out of.... Not supported by substantial evidence of clear violation of obscenity rules glimpses '' of,. To view this conduct in light of the speaker so much as the purpose for teacher tenure the motive the..., for the general proposition that entertainment enjoys First Amendment protection v.,. F.2D 1109, 1113 ( 5th Cir teacher & # x27 ; s expression! Smith v. Price, 616 F.2d 1371, 1379 n. 10 ( 5th Cir L.Ed.2d (!, 91 L.Ed.2d 563 ( 1986 ) ; Kingsville Independent School District books put on reserve in the unedited! Board stated insubordination as an alternate ground for plaintiff 's action, 541 F.2d 577 6th... 5Th Cir ( 6th Cir ( 1985 ) has caused great tension, particularly when the conflict within... # x27 ; s free- expression rights were not violated ( quoting Ambach v.,... 706 F.2d 742 ( 6th Cir 566 ( 2d Cir demonstrates a blatant lack of judgment cited.