Joint Appendix at 291. 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." at 737). Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. 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, Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. In January, 1993, Mr. Fowler received a letter from District's director that advised him to get a dairy specialist and a chemist to check the water and feed and have tests run. 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. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Id. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. re-employment even in the absence of the protected conduct." We emphasize that our decision in this case is limited to the peculiar facts before us. 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. We have viewed the film in conjunction with Fowler's testimony concerning the portions of the film which were edited during the two showings, and we conclude that the district court's findings in this regard are clearly erroneous. 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. 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." Finally, the district court concluded that K.R.S. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 1979). Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). 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. 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. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. 1, 469 F.2d 623 (2d Cir. In Cohen v. California, 403 U.S. 15, 91 S.Ct. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) Joint Appendix at 83, 103, 307. Bd. Trial Transcript Vol. 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. . Plaintiff cross-appeals on the ground that K.R.S. The court went on to view this conduct in light of the purpose for teacher tenure. Joint Appendix at 129-30. Boring v. Buncombe County Bd. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. The plurality opinion of Pico used the Mt. 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. School board must not censor books. Plaintiff cross-appeals from the holding that K.R.S. . 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. Relying on Fowler v. Board of Education. Bryan, John C. Fogle, argued, Mt. Moreover, in Spence. Inescapably, like parents, they are role models." As those cases recognize, the First . 1982) is misplaced. 5//28he tdught high school % "dtin dnd ivics. But he said the school officials fired Ms. Fowler because they also determined the film was inappropriate for classroom viewing because of its sexual innuendo and sexually explicit material, some profane language, violence and vulgar images.. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . 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. 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. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Joint Appendix at 132-33. In Fowler, a high school teacher, at the request of her students, showed them Pink Floyd The Wall, an "R" rated film containing nudity and a great deal of violence, on the last day of school while she completed grade cards. There is conflicting testimony as to whether, or how much, nudity was seen by the students. 95-2593. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. Opinion. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. mistake[s] ha[ve] been committed." Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: 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. 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." James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. The board viewed the movie once in its entirety and once as it had been edited in the classroom. The board then retired into executive session. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. 2. 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. 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. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. FOWLER v. BOARD OF EDUC. 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. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. denied, 430 U.S. 931, 97 S.Ct. 1987 Edwards v. Aguillard. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. denied, 409 U.S. 1042, 93 S.Ct. Healthy, 429 U.S. at 287, 97 S.Ct. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 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. Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. At the administrative hearing, several students testified that they saw no nudity. In the present case, because plaintiff's conduct in having the movie shown cannot be considered expressive or communicative, under the circumstances presented, the protection of the First Amendment is not implicated. The board viewed the movie once in its entirety and once as it had been edited in the classroom. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. He expresses the further view that there was "little likelihood that the message would be understood by those who viewed it," id., at 411, 94 S.Ct. Bd. either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." This court, in my opinion, should not offer an advisory opinion as to what constitutes an intent to communicate and how much knowledge of the content of a presentation is needed before it can be embraced as one's own expression. In my view this case should be decided under the "mixed motive" analysis of Mt. at 1594-95. 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. Healthy set the standard that once the plaintiff had shown that his conduct was constitutionally protected and that his conduct was a substantial or motivating factor in the Board's decision to discharge or not to rehire, the school board then must show that it would have reached the same decision even in the absence of the protected conduct. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Sec. 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