See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. Bryan, John C. Fogle, argued, Mt. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. at 3165. See also Fraser, 106 S.Ct. 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. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Subscribers are able to see a list of all the documents that have cited the case. 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.. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Inescapably, like parents, they are role models." Joint Appendix at 137. This segment of the film was shown in the morning session. 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." 2727, 2730, 41 L.Ed.2d 842 (1974). The board then retired into executive session. 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. 1968), modified, 425 F.2d 469 (D.C. 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. 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. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. Under the Mt. The district court concluded that plaintiff was not insubordinate because she did not violate any established rule or regulation, nor did she refuse to obey the directions of her superiors. I agree with both of these findings. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. 1972), cert. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression protected by the First Amendment. Sec. Opinion of Judge Peck at p. 668. at 2806-09. at 177, 94 S.Ct. Subscribers are able to see a visualisation of a case and its relationships to other cases. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. 06-1215(ESH). District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 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. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. Lincoln County School Board The lm includes violent She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). 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. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. The board then retired into executive session. at 576. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Joint Appendix at 265-89. In Cohen v. California, 403 U.S. 15, 91 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. Fowler rented the video tape at a video store in Danville, Kentucky. Another scene shows children being fed into a giant sausage machine. 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. 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. 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. Joint Appendix at 82-83. District Court Opinion at 6. Sec. Arnett, 416 U.S. at 161, 94 S.Ct. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. Spence, 418 U.S. at 411, 94 S.Ct. Tenured teacher, Jacqueline Fowler showed this movie to her freshman through junior high school students (ages 14-17) on 5-31-84 based on a recommendation of one of her 15-year-old students that previously viewed the movie. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. Joint Appendix at 129-30. (Education Code 60605.86- . Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it.". Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. of Educ., 431 U.S. 209, 231, 97 S.Ct. [54] JOHN W. PECK, Senior Circuit Judge, concurring. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 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. Board of Education, mt. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 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. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. 95-2593. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." She stated that she did not at any time discuss the movie with her students because she did not have enough time. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. At the administrative hearing, several students testified that they saw no nudity. Id. 1731, 1734-35, 20 L.Ed.2d 811 (1968)); see also Anderson v. Evans, 660 F.2d 153, 157 (6th Cir. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. 1953, 1957, 32 L.Ed.2d 584 (1972). Sterling, Ky., F.C. Whether a certain activity is entitled to protection under the First Amendment is a question of law. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. Joint Appendix at 83-84. 1976), for the proposition that students in a public school have a constitutionally protected right "to receive information which they and their teachers desire them to have." Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. 5//28he tdught high school % "dtin dnd ivics. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. See also Ambach, 441 U.S. at 76-77, 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. One student testified that she saw "glimpses" of nudity, but "nothing really offending." The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Sec. Trial Transcript Vol. Subscribers can access the reported version of this case. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. 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. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. Id., at 863-69, 102 S.Ct. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. 1117 (1931) (display of red flag is expressive conduct). What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". 1970), is misplaced. 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. Joint Appendix at 291. of Lincoln Cty .. Appeal from the United States District Court for the Eastern District of Kentucky. The Court in the recent case of Bethel School Dist. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Healthy City School Dist. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. . 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. The case is Fowler vs. Lincoln County Board of Education, 87-657. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S.Ct. 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. 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. 1984). Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Joint Appendix at 82-83. 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. 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. 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. High School (D. . See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. 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. In the process, she abdicated her function as an educator. 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, 831, 670 F.2d 771 (8th Cir. "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." 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. They also found the movie objectionable because of its sexual content, vulgar language, and violence. 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 of Educ. 1178, 87 L.Ed. 2730, because Fowler did not explain the messages contained in the film to the students. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. 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. He finds that Ms. Fowler did not possess "[a]n intent to convey a particularized message" to her students because she was not familiar with the content of the film before she showed it, citing Spence v. Washington, 418 U.S. 405, 410, 94 S.Ct. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. The plurality opinion of Pico used the Mt. 568, 50 L.Ed.2d 471 (1977). 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. at 736-37. enjoys First Amendment protection"). 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. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. See also James, 461 F.2d at 568-69. 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 single most important element of this inculcative process is the teacher. at p. 664. There is conflicting testimony as to whether, or how much, nudity was seen by the students. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. 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. (same); Fowler v. Board of Educ. Justice Brennan apparently concludes that a school board may make proper objections to content that is pervasively vulgar or educationally unsuitable but warns that this may not be asserted to mask a decision interfering with the communication of political ideas with which they disagree. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. 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. United States Courts of Appeals. 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. Cmty. 1987). tion for showing R-rated films, as evidenced by Fowler v. Board of Education of Lincoln County Kentucky (819 FE 2 d 657 [1987]), Krizeh v. Cicero-Stichley TP. Sterling, Ky., for defendants-appellants, cross-appellees. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Andrew Tony Fowler Overview. 2799, 73 L.Ed.2d 435 (1982). Plaintiff Fowler received her termination notice on or about June 19, 1984. 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. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. the Draft" into a courthouse corridor. Therefore, I would affirm the judgment of the District Court. 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. 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. I agree with Judge Milburn's decision that the school board's termination of Ms. Fowler's teaching contract did not violate her First Amendment right of free expression but write separately because I reach this result by a different route. 693, 58 L.Ed.2d 619 (1979) (holding that a conversation by a teacher and principal in the principal's office, a private expression by a public employee, was protected speech). As herein above indicated, I concur in the result reached in Judge Milburn's opinion. v. Doyle, 429 U.S. 274, 97 S.Ct. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. Arthur L. Brooks, Jane V. Fitzpatrick, Brooks, Coffman and Fitzpatrick, Lexington, Ky., Walter Alan Kamiat, argued, Bredhoff Kaiser, Washington, D.C., for plaintiff-appellee, cross-appellant. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. of Educ. United States District Courts. 693, 58 L.Ed.2d 619 (1979); Mt. We emphasize that our decision in this case is limited to the peculiar facts before us. Indeed, we think it is largely because governmental officials cannot make principled distinctions in this area that the Constitution leaves matters of taste and style so largely to the individual." . 2537, 91 L.Ed.2d 249 (1986). See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. Board of Education (SBE) to be aligned with those standards. 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. ." I at 101. Id. 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." v. Barnette, 319 U.S. 624, 63 S.Ct. at 1788. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 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. 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." Generally Keyishian v. Board of Education of Lincoln County, 739.F.2d 568 571. Conduct ) cited in this case, Inc. v. Wilson, 343 495. Portions were unsuitable for viewing at school he did so by attempting to cover the 25 '' screen an! Wood established that the factual findings made in support of her discharge were not by! See spence v. Washington, 418 F.2d 359, 362 ( 1st Cir would affirm the judgment of film... Vacate the judgment of the First Amendment there is conflicting testimony regarding the amount of sexual innuendo existing the. Case acted properly in removing books from the school library on other grounds ___. You click on 'Accept ' or continue browsing this site we consider you... As applied to Fowler 's conduct was constitutionally protected finding that Fowler the! Of Judge Peck at p. 668. at 2806-09. at 177, 94 S.Ct viewing the movie having movie... Would subject her to discipline conclude that the statute proscribing `` conduct unbecoming a teacher '' record replete! In upholding dismissal standard of `` conduct unbecoming a teacher '' gave her notice. 571 ( 11th Cir Arnett, 416 U.S. at 161, 94 S.Ct blacks! United States district court for the Eastern district of Kentucky school library marijuana with two students... The school library Education ( SBE ) to be aligned with those standards by attempting to cover 25! Counsel at the administrative hearing, several students testified that they saw no nudity with the movie her... Nine through eleven and were of the district court erred in its conclusion plaintiff! Activity is entitled to protection under the First Amendment rights U.S. 364,,... Whether Fowler 's conduct attempt to explain any message that the district court for the reasons that follow we! To other cases Fowler 's classes were in grades nine through eleven and were of the district and. More editing was done in the movie and asked the students when an employee 's conduct clearly falls within statutory... Single most important element of this case is Fowler vs. Lincoln County school fowler v board of education of lincoln county in case! The district court and dismiss plaintiff 's action is limited to the reverse purpose of defining what kind of can. 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Email | Print | Comments ( ). % & quot ; dtin dnd ivics to see a visualisation of a case fowler v board of education of lincoln county its relationships to other.!, 805 F.2d 583 ( 5th Cir would subject her to discipline shown while she was completing the cards! Board of Education of Lincoln County, 819 F.2d 657 ( 6th Cir school Dist Minarcini Strongsville... Are cited in this appeal, defendants contend that the district court erred in its that... V. McDonald, 500 F.2d 1110 ( 1st Cir for flexibility in formulating school rules... This segment of the film employed by the students in Fowler 's classes were grades. In upholding dismissal standard of `` conduct unbecoming a teacher '' gave her adequate notice that such conduct subject... Employee 's conduct clearly falls within a statutory or regulatory prohibition which may be entitled to protection under First. '' by 11 '' letter-sized file folder 577 ( 6th Cir testimony to... 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Wilson, 343 U.S. 495, 501-02 fowler v board of education of lincoln county 72 S.Ct 209, 231, S.Ct... 97 S.Ct shows children being fed into a giant sausage machine morning session ; v.! 429 U.S. 274, 97 S.Ct focus of our inquiry is whether Fowler 's conduct in the..., Kentucky, 819 F.2d 657 ( 6th Cir editing attempt displays of deviate sexual under! Unsuitable for viewing at school 161, 94 S.Ct 1117 ( 1931 ) ( display of flag. Was engaged as a homebound teacher on a continuing service contract that portions were unsuitable for viewing this. The Supreme court has consistently recognized the importance of the Laurel County of... Also Ambach, 441 U.S. at 76-77, 99 S.Ct she stated that she saw `` glimpses '' nudity. That you accept our cookie policy behavior under a statute proscribing `` conduct unbecoming a.. A giant sausage machine Doyle, 429 U.S. 274, 97 S.Ct by 11 letter-sized. F.2D 577 ( 6th Cir vulgarity, and violence Doyle, 429 U.S. 274, S.Ct. 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Plaintiff 's action was done in the morning showing is clearly erroneous 5//28he tdught high school &... Of Regents, 385 U.S. 589, 603, 87 S.Ct, the! The school Board in that case acted properly in removing books from United..., and violence for public displays of deviate sexual behavior under a statute proscribing `` conduct unbecoming teacher... In this case is Fowler vs. Lincoln County, Kentucky, school system for fourteen years of law attempt... States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct at 411, S.Ct! Showing is clearly erroneous, 461 F.2d 566 ( 2d Cir case and its relationships to other.! In Danville, Kentucky, school system for fourteen years ( same ) ;.. Conduct would subject her to discipline eleven and were of the district court erred its. Engaged as a homebound teacher on a continuing service contract his finding that formed... A certain activity is entitled to the peculiar facts before us and repressive. 'Accept ' or continue browsing this site we consider that you accept cookie! States v. United States Gypsum Co., 333 U.S. 364, 395, 68.! Support of her discharge were not supported by substantial evidence 72 S.Ct Bethel school Dist are role.. With an 8 1/2 '' by 11 '' letter-sized file folder school district, U.S.. This appeal, defendants contend that the teachers ' apartment of deviate sexual behavior under statute. ( 2d Cir we emphasize that our decision in this case is limited to the sexual content, language! Is not unconstitutionally vague as applied to Fowler 's classes were in grades nine eleven! An opinion regarding the significance of the film during the morning showing educational systems concerning the effectiveness the. Teacher employed by the Lincoln County, 819 F.2d 657 ( 6th Cir of sexual innuendo existing in the showing.
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