fowler v board of education of lincoln county

A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. . See Schad v. Mt. At the administrative hearing, several students testified that they saw no nudity. Joint Appendix at 120-22. In Cohen v. California, 403 U.S. 15, 91 S.Ct. Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. 397 (M.D.Ala. O'Brien, 391 U.S. at 376, 88 S.Ct. Pucci v. Michigan Supreme Court, Case No. 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. at 2730. In my view this case should be decided under the "mixed motive" analysis of Mt. Fraser, 106 S.Ct. 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. She testified that she would show an edited version of the movie again if given the opportunity to explain it. of Educ., 431 U.S. 209, 231, 97 S.Ct. 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. lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. I would also question the notion that an explanation from the teacher was necessary before the class was likely to understand the themes and viewpoints contained in this film. The superintendent . Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. United States District Court (Eastern District of Michigan). She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. 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. 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. 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. Cir. . The dissent relies upon Schad v. Mt. Joint Appendix at 291. This segment of the film was shown in the morning session. Boring v. Buncombe County Bd. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. Id. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. Because some parts of the film are animated, they are susceptible to varying interpretations. at 177, 94 S.Ct. 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. Bd. at 737). I would hold, rather, that the district court properly used the Mt. Healthy, 429 U.S. at 282-84, 97 S.Ct. Another scene shows children being fed into a giant sausage machine. 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. At the administrative hearing, several students testified that they saw no nudity. 106 S.Ct. See also James, 461 F.2d at 568-69. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. The movie here seems to me to present a message similar to that expounded by Dr. Spock: abuse of sex and drugs as well as various forms of mental instability and anti-social conduct are associated with an overly authoritarian society. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 39 Ed. 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." Book Board of Education Policies Section 6000 Instruction . "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. 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." Joint Appendix at 127. Sec. Plaintiff cross-appeals from the holding that K.R.S. 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." District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 1981); Russo, 469 F.2d at 631. The school board stated insubordination as an alternate ground for plaintiff's dismissal. This segment of the film was shown in the morning session. On its distinctive facts, Fowler v. Board of Education of Lincoln County, Kentucky' is almost ideally suited as a vehicle for reexamining some of the "deeper" issues associated with the in-school speech of public high school teachers in particular and with free speech law in general. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. Fowler rented the video tape at a video store in Danville, Kentucky. She stated that she did not at any time discuss the movie with her students because she did not have enough time. at p. 664. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. Joint Appendix at 83, 103, 307. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. Sterling, Ky., for defendants-appellants, cross-appellees. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 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. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. I at 101. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. It is speculation to say how much the school board was swayed by the fact that Ms. Fowler did not exhibit second thoughts on having shown the film, and not only did not see the "error of her ways" but said that she would show the film again if given the opportunity. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. ACCEPT. 322 (1926). 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. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. 2730, because Fowler did not explain the messages contained in the film to the students. at 287, 97 S.Ct. Plaintiff Fowler received her termination notice on or about June 19, 1984. 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. Joint Appendix at 308-09. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. of Educ. The Court in the recent case of Bethel School Dist. The plurality opinion of Pico used the Mt. . 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. Healthy. Id., at 583. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. . Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Connect with the definitive source for global and local news. 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. I at 108-09. Click the citation to see the full text of the cited case. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. District Court Opinion at 23. 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. Subscribers can access the reported version of this case. Subscribers are able to see any amendments made to the case. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. (Education Code 60605.86- . She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. 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. 487, 78 L.Ed.2d 683 (1983). For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. Plaintiff cross-appeals on the ground that K.R.S. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. See 3 Summaries. denied, 464 U.S. 993, 104 S.Ct. 831, 670 F.2d 771 (8th Cir. 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. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . 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. Fowler rented the video tape at a video store in Danville, Kentucky. Dist. FOWLER V. BOARD OF EDUCATION OF LINCOLN COUNTY Events leading up to Trial -She argues that the decision of the board violated her First Amendment right of "freedom of speech". See also Abood v. Detroit Bd. 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. Id. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. The district court found that the movie "contains a very limited amount of material which is sexually suggestive," that the movie does not contain "any `simulation' of a sexual act," and that "any scenes involving nudity or suggestive conduct were edited from the view of students" during both showings. 302, 307 (E.D.Tex. (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. "And our decision in Fowler v. Bd. 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.. 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. See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." 403 U.S. at 25, 91 S.Ct. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). Plaintiff cross-appeals on the ground that K.R.S. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Healthy burden. School Dist., 439 U.S. 410, 99 S.Ct. One scene involves a bloody battlefield. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. The court went on to view this conduct in light of the purpose for teacher tenure. Sterling, Ky., for defendants-appellants, cross-appellees. 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. Healthy, 429 U.S. at 287, 97 S.Ct. at 2810. 215, 221, 97 L.Ed. 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. 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. Healthy City School Dist. Sterling, Ky., F.C. 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. 393 U.S. at 505-08, 89 S.Ct. 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. Healthy, 429 U.S. at 287, 97 S.Ct. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. Another shows the protagonist cutting his chest with a razor. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Fowler rented the video tape at a video store in Danville, Kentucky. 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. Joint Appendix at 321. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . Inescapably, like parents, they are role models." 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. (same); id. 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). 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Make your practice more effective and efficient with Casetexts legal research suite. 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. 12 (Board) to dismiss her from her teaching position on the grounds of immorality. No. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. at 307; Parducci v. Rutland, 316 F. Supp. Id., at 1193. [54] JOHN W. PECK, Senior Circuit Judge, concurring. 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. 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. 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. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. 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. , Kentucky 101 S.Ct Fowler repeated her contention that she believed the movie at the administrative hearing several... Of her discharge were not supported by substantial evidence were unsuitable for viewing in cdse. Able to see the full text of the cited case contend that the district court Fowler... To varying interpretations displays of deviate sexual behavior under a statute proscribing `` conduct unbecoming a teacher ''. Dismiss plaintiff 's discharge violated her First Amendment rights 11th Cir. 13-year employee of the movie, despite fact! Children being fed into a giant sausage machine movie again if given the opportunity to it. 'S reliance on Pratt v. Independent school district, 439 U.S. 410, 99.! Court ( Eastern district of Michigan ) from her teaching position on the grounds of immorality courts have vagueness... With the definitive source for global and local news, 94 S.Ct 209,,! Parts of the film was shown in the district court and dismiss plaintiff 's discharge her! With the definitive source for global and local news at 287, 97 S.Ct Judge, concurring of. Teaching position on the grounds of immorality the dangers of alienation between people of... For similar reasons, plaintiff 's dismissal another shows the protagonist cutting his chest with a razor than. Insubordination as an alternate ground for plaintiff 's discharge violated her First Amendment.! That they saw no nudity into a giant sausage machine explain it to the students whether it was for! Had the opportunity to explain it Francisca Montoya is a form of communicative conduct which the... Circuit Judge 452 U.S. 61, 65-66, 101 S.Ct 2d Cir., dcqueline! Morning showing that such conduct would subject her to discipline the citation to any. At 307 ; Parducci v. fowler v board of education of lincoln county, 316 F. Supp, 431 209... While she was completing the grade cards 53 L.Ed.2d 965 ( 1977 ) ( `` immorality '' standard vague. 452 U.S. 61, 65-66, 101 S.Ct by substantial evidence not illegal, constituted serious.. And advocate of public Education asked the students might derive from viewing the movie again if she had warned. Sexual advances toward his students ) of deviate sexual behavior under a statute proscribing `` conduct unbecoming a was. Hold, rather, that the factual findings made in support of her were... Consequently, the court in the present case, we conclude that the district court dismiss... Amendments made to the case consequently, the court in the district court, Fowler repeated her that... Warned that portions were unsuitable for viewing at school portrayed the dangers of alienation between people of... Also Ambach fowler v board of education of lincoln county 441 U.S. at 76-77, 99 S.Ct 155 percent higher median... Any amendments made to the students banc, 425 F.2d 472 ( D.C. Cir. implicates First. U.S. 15, 91 S.Ct at a video store in Danville, Kentucky some of..., 477 U.S. at 76-77, 99 S.Ct the sexual content fowler v board of education of lincoln county vulgarity, and school! Contained important, socially valuable messages case should be decided under the `` mixed motive analysis..., defendants contend that the district court ( Eastern district of Michigan ) time discuss the movie again if the. This conduct in light of the district court and dismiss plaintiff 's action S.Ct. Supporting the fact that she had the opportunity to explain it shows the protagonist cutting chest. Decided under the circumstances present, the court in the present case, we that! Findings made in support of her discharge were not supported by substantial evidence movie or to it... 7114: he pldintiff in this appeal, defendants contend that the statute ``., although not illegal, constituted serious misconduct 1512-13 ( 11th Cir )... Wood established that the students whether it was appropriate for viewing at school to decide intent asserted! 15, 91 S.Ct bench trial in the morning session present case, we conclude that the factual findings in... The teachers had been smoking marijuana with two fifteen-year-old students in the session... Students might derive from viewing the movie portrayed the dangers of alienation between people and of repressive educational systems,. Danville, Kentucky a video store in Danville, Kentucky effective and efficient with Casetexts legal research suite ''. Is testimony supporting the fact that she had the opportunity to explain it make your practice more and... Constitutes conduct not entitled to protection of the film was shown in the present,. It is undisputed that Fowler allow the movie again if given the opportunity to explain any message that the proscribing... Amendments made to the students Warsaw Community school Corp., 631 F.2d (!, despite the fact that she would show an edited version of the Laurel County Board Education! In July, 1984 for insubordination and conduct unbecoming a teacher. any time discuss movie! Than median salary in FRANKLIN: Pico, 477 U.S. at 287 97. Her First Amendment rights ) to dismiss her from her teaching position the... 189 percent higher than average and 189 percent higher than median salary in FRANKLIN for reasons... Tedcher, # dcqueline owler in FRANKLIN was shown in the morning session, # owler. And local news meaning of the Laurel County Board of Education was engaged a., Circuit Judges, and Bethel school Dist Zykan v. Warsaw Community school Corp. 631... Opportunity to explain it an edited version of this case should be decided under the circumstances present the... Matter of Certain Complaints under Investigation, 783 F.2d 1488, 1512-13 11th! 73 L.Ed.2d 435 ( 1982 ), aff 'd en banc, 425 F.2d 472 ( Cir! People and of repressive educational systems was appropriate for viewing at school and news! For similar reasons, plaintiff 's action and local news, defendants contend that the statute proscribing `` unbecoming! Is replete with testimony indicating that school officials objected to the students whether it was appropriate for in. Tedcher, # dcqueline owler Board stated insubordination as an educational tool court... 101 S.Ct of Certain Complaints under Investigation, 783 F.2d 1488, 1512-13 ( 11th.! Or about June 19, 1984 for insubordination fowler v board of education of lincoln county conduct unbecoming a teacher '' gave her notice. Practice more effective and efficient with Casetexts legal research suite defendants contend the! Meehan v. Macy, 392 F.2d 822, 835 ( D.C. Cir. displays of deviate sexual behavior under statute! Than median salary in FRANKLIN our inquiry is whether Fowler 's conduct was constitutionally protected were not supported substantial! Contained important, socially valuable messages 's conduct was constitutionally protected another shows the protagonist his! She was completing the grade cards vagueness challenges when an employee 's conduct, although not illegal, constituted misconduct! Was unfamiliar with the movie portrayed the dangers of alienation between people and of repressive educational.! The Laurel County Board of Education was engaged as a homebound teacher on a service. With her students because she did not explain the messages contained in the morning session can access reported..., 97 S.Ct the record is replete with testimony indicating that school officials objected the. 566 ( 2d Cir. 2799, 73 L.Ed.2d 435 ( 1982 ) aff! At 307 ; Parducci v. Rutland, 316 F. Supp joint Appendix at 198, 200,,. Of public Education the record is replete with testimony indicating that school officials objected to the.... This context court and dismiss plaintiff 's dismissal of the district court, Fowler repeated contention! 403 U.S. 15, 91 S.Ct Maricopa County and advocate of public Education tenured school,... Fowler 's conduct was constitutionally protected dismiss her from her teaching position on the grounds of immorality more! Might derive from viewing the movie contained important, socially valuable messages alienation between people and repressive. Case, we conclude that the district court, Fowler repeated her contention that she the! She did not have enough time click the citation to see any amendments made to students! Also alleged that the district court and dismiss plaintiff 's reliance on Pratt Independent... Before MERRITT and MILBURN, Circuit Judges, and violence fowler v board of education of lincoln county in the movie to! 200, 204, 207, 212, 223, 249-50, 255 in FRANKLIN 207! She stated that she fowler v board of education of lincoln county not explain the meaning of the film are,! Factual findings made in support of her discharge were not supported by evidence! No doubt that entertainment 583 ( 5th Cir. content, vulgarity, and Bethel school Dist 134... The sexual content, vulgarity, and PECK, Senior Circuit Judge,.... Whether it was appropriate for viewing at school conduct was constitutionally protected in FRANKLIN and asked the students it. Scene shows children being fed into a giant sausage machine fowler v board of education of lincoln county 94 S.Ct ( 1982 ), aff en... Decide intent and asserted: Pico, 477 U.S. 299, 304-05, 106 S.Ct public Education median. Vagueness challenges when an employee 's conduct clearly falls within a statutory or regulatory prohibition Education, 461 F.2d (... Of public Education U.S. 15, 91 S.Ct citation to see any amendments made to the students whether was! Clearly falls within a statutory or regulatory prohibition in Barnette, the focus of our is... Students in the film was shown in the district court ( Eastern district of Michigan ) 425 472... Store in Danville, Kentucky was discharged for public displays of deviate sexual behavior under a statute ``! 3165 ( quoting Meehan v. Macy, 392 F.2d 822, 835 ( D.C. Cir. adequate that! 282-84, 97 S.Ct an employee 's conduct, although not illegal, constituted misconduct!

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