A teacher is held to a standard of personal conduct which does not permit the commission of immoral or criminal acts because of the harmful impression made on the students. . Ala. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). 2d 775, 97 S. Ct. 1552 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Judge Milburn makes a distinction between "academic freedom" and showing a movie in class: We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Id., at 839. Court's Decision: Aurelia Davis sued the Monroe County Board of Education on behalf of her daughter, Lashonda. 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. var encodedEmail = swrot13('neg.ebwnf@sbjyre.x12.pn.hf'); Joint Appendix at 82-83. at 410-11, 94 S. Ct. at 2730-31, the activity falls within the scope of the first and fourteenth amendments. 2d 619 (1979); Mt. CO.. 319 U.S. 624 - BOARD OF EDUCATION v. BARNETTE. Having considered the entire record, including the viewing of the movie, which we describe as gross and bizarre and containing material completely unsuitable for viewing by a classroom of students aged fourteen to seventeen, we conclude that such conduct falls within the concept of conduct unbecoming a teacher under Kentucky law.10. Fowler v. Board of Education of Lincoln County Kentucky, Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (Sixth Circuit, 1987). Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. 1987) 105 Geller v. Markham, 635 F.2d 1027 (1980) 106 Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979) 108 Knight v. Board of Regents of University of State of New York, 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." Board Member Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251.3. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. Healthy. 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. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. That method was to use sexual innuendo and sexually explicit material, some profane language, violence, and vulgar images, to tell the story of the film. Ms. Montoya is a member of the Maricopa County Planning and Zoning Commission and Marisol Federal Credit Union Board of Directors. 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. v. Doyle, 429 U.S. 274, 285-87, 97 S. Ct. 568, 575-76, 50 L. Ed. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. The purpose of teacher tenure laws is to promote good order in the school system by preventing the arbitrary removal of capable and experienced teachers by political or personal whim . v. BARNETTE ET AL. Spence, 418 U.S. at 410. Get free summaries of new Sixth Circuit U.S. Court of Appeals opinions delivered to your inbox! 26 v. Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. Federal judges and local school boards do not make good movie critics or good censors of movie content. The root of the vagueness doctrine is a rough idea of fairness. var encodedEmail = swrot13('rhtrar.xnaqnevna@sbjyre.x12.pn.hf'); This site is protected by reCAPTCHA and the Google. Of Lincoln County TOPIC: Academic Freedom to show movies RULING: the Sixth Circuit ruled that school officials did not violate the First Amendment rights of a teacher when they fired her for showing the R-rated movie Pink Floyd -- The Wall in her classroom. The root of the vagueness doctrine is a rough idea of fairness. Fisher v. Snyder, 476375 (8th Cir. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. v. INDUSTRIAL FOUNDATION SOUTH. In the present case the district court concluded that Mrs. Fowler was entitled to the protection of the First Amendment while acting as a teacher. at 307; Parducci v. Rutland, 316 F. Supp. Fowler's conduct was not expressive or communicative, therefore it was not protected by the First Amendment. Because the intent to express was coupled with a great likelihood that the message would be understood, the Court concluded that the conduct was entitled to protection under the First Amendment. The fundamental principles of due process are violated only when "a statute 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." Board President 2d 471, 97 S. Ct. 568 (1977). Blackboard Web Community Manager Privacy Policy (Updated). 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. . BUILDING & CONSTRUCTION TRADES COUNCIL PHILADELPHIA & VICINITY ET AL. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S. Ct. 126, 70 L. Ed. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. I agree with both of these findings. Cited 210 times, Kingsville Independent School District v. Cooper, 611 F.2d 1109 (1980) | 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. v. NATIONAL ASSOCIATION LETTER CARRIERS, 93 S. Ct. 2880 (1973) | 2d 637, 86 S. Ct. 719 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. The school teacher has traditionally been regarded as a moral example for the students. 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. Healthy City School Dist. We hold regular monthly meetings of the governing board on the second Tuesday of each month at 4:00 p.m. at 1617 South 67th Avenue, Phoenix, Arizona. Joint Appendix at 120-22. If petitioners intended by their removal decision to deny respondents access to ideas with which petitioners disagreed, and if this intent was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. Therefore, I would affirm the judgment of the District Court. 2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n.10 (5th Cir. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251.3. Cited 1759 times, UNITED STATES CIVIL SERVICE COMMISSION ET AL. 93 S. Ct. 529 (1972) | 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. Cited 6992 times, 91 S. Ct. 1780 (1971) | On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. Having considered the entire record, including the viewing of the movie, and in holding that the district court's findings of fact are clearly erroneous, we are left with a "definite and firm conviction that . v. Doyle, 429 U.S. 274, 285-87, 97 S. Ct. 568, 50 L. Ed. 1117 (1931) (display of red flag is expressive conduct). Joint Appendix at 83-84. 352, 356 (M.D. See 4 Summaries. re-employment even in the absence of the protected conduct." Mt. v. DOYLE. v. Pico, 457 U.S. 853, 73 L. Ed. 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. School Dist., 439 U.S. 410, 99 S. Ct. 693, 58 L. Ed. 783 F.2d 1488 - MATTER OF CERTAIN COMPLAINTS UNDER INVESTIGATION. 2d 549 (1986), further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. District Court Opinion at 6. Joint Appendix at 291. 2d 842 (1974). OF HOPKINS COUNTY v. WOOD. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing.2. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. 2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 99 S. Ct. 1589, 1594-95, 60 L. Ed. Therefore, I disagree with the distinction between instruction and entertainment drawn by Judge Milburn and the conflation of vulgarity and anti-establishment ideas set forth by Judge Peck. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. One scene involves a bloodly battlefield. Cited 115 times, In re Certain Complaints Under Investigation, 783 F.2d 1488 (1986) | }); Email: ." Cited 5890 times, 103 S. Ct. 1855 (1983) | 2. The school teacher has traditionally been regarded as a moral example for the students. var encodedEmail = swrot13('qnavryyrybcrm@sbjyrehfq.bet'); . v. Fraser, 478 U.S. 675, 106 S. Ct. 3159, 92 L. Ed. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 1, 469 F.2d 623 (2d Cir. v. Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. 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. Cited 305 times. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. To the extent that the district court's finding of fact number 34 may be interpreted as a finding that the defendants objected to the film only on an ideological level, the finding is clearly erroneous. Showing an R rated movie- Pink Floyd The Wall to her high school students; grades 9-11, on the last day of the 1983-1984 school year. 2d 518, 105 S. Ct. 1504 (1985). In the present case, it is undisputed that plaintiff's employment was terminated because she had the "R" rated movie shown to her students and because she said she would do it again. . Id. 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." A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S. Ct. 733, 21 L. Ed. Plaintiff argues that Ky.Rev.Stat. 807 F.2d 1293 - 511 DETROIT STREET, INC. v. KELLEY. It is also undisputed that she left the room on several occasions while the film was being shown. She stated that she did not at any time discuss the movie with her students because she did not have enough time. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S. Ct. 215, 221, 97 L. Ed. denied, 409 U.S. 1042, 93 S. Ct. 529, 34 L. Ed. 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. See, e.g., Mt. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). 478 U.S. 675 - BETHEL SCHOOL DIST. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. Cited 19 times, 105 S. Ct. 1504 (1985) | See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. 1986). Because the intent to express was coupled with a great likelihood that the message would be understood, the Court concluded that the conduct was entitled to protection under the First Amendment. D.C. 217, 392 F.2d 822, 835 (D.C. Cir. Listed below are the cases that are cited in this Featured Case. 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." 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. Joint Appendix at 83, 103, 307. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. . 319 U.S. at 632, 63 S. Ct. at 1182. Any limitation on the exercise of constitutional rights can be justified only by a conclusion, based upon reasonable inferences flowing from concrete facts and not abstractions, that the interests of discipline or sound education are materially and substantially justified. "The problem in any case is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.". Cited 1886 times, 86 S. Ct. 719 (1966) | WEST VIRGINIA STATE BOARD EDUCATION ET AL. She has lived in the Fowler Elementary School District for the past 22 years. "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." See also James, 461 F.2d at 568-69. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. Id., at 159, 94 S. Ct. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S. Ct. 2880, 2897, 37 L. Ed. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S. Ct. 1504, 1512-13, 84 L. Ed. She testified that she would show an edited version of the movie again if given the opportunity to explain it. 2d 261 (1977) ("But our cases have never suggested that expression about philosophical, social, artistic, economic, literary, or ethical matters -- to take a nonexhaustive list of labels -- is not entitled to full First Amendment protection."). 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. Bd. 1628, 63 S. Ct. 1178 (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. Eckmann v. Board of Education of Hawthorne School District Id., at 839-40. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. v. ALTEMOSE CONSTRUCTION CO. 93 S. Ct. 1901 (1973) | Ephraim, 452 U.S. 61, 65-66, 101 S. Ct. 2176, 68 L. Ed. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. 1969)). Fowler v. Board of Education of Lincoln County Download PDF Check Treatment Summary holding that prohibition for "conduct unbecoming a teacher" could not be challenged on vagueness or overbreadth grounds by teacher who was terminated for conduct clearly falling within scope of prohibition Summary of this case from Pucci v. Michigan Supreme Court Inescapably, like parents, they are role models." I would hold, rather, that the district court properly used the Mt. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. . Healthy cases of Board of Educ. Joint Appendix at 127. I at 108-09. . BOARD EDUCATION CENTRAL DISTRICT NO. 5. Joint Appendix at 132-33. To determine whether [plaintiff's] conduct is entitled to first amendment protection, "the nature of [plaintiff's] activity, combined with the factual context and environment in which it was undertaken" must be considered. 831, FOREST LAKE. 2d 284, 91 S. Ct. 1780 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. Sec. D.C. 38, 425 F.2d 469 (D.C. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. District Court Opinion at 23. Cited 509 times. 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." 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. 598 F.2d 535 - CARY v. BD. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. 161.790(1) (b).9 Our analysis is guided by two recent decisions by the Kentucky Supreme Court. Joint Appendix at 83, 103, 307. 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 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. Joint Appendix at 120-22. 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. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. Fraser, 106 S. Ct. at 3165 (emphasis supplied). $('span#sw-emailmask-5381').replaceWith(''); 2d 796 (1973)). " . 6. Spence v. Washington, 418 U.S. 405, 409-10, 94 S. Ct. 2727, 2729-30, 41 L. Ed. Moreover, in Spence. Bethel School District No. 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." While this is a general principle of law espoused by the Supreme Court on several occasions, the Court has also indicated that in determining whether a given type of entertainment is protected by the First Amendment, it will look to the kind of entertainment involved and the appropriateness of the entertainment under the circumstances such as the time and place where offered. DIST.. 721 S.W.2d 703 - BOARD OF EDUC. [I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Cited 6 times, Frison v. Franklin County Board of Education, 596 F.2d 1192 (1979) | Id., at 1194. She testified that she would show an edited version of the movie again if given the opportunity to explain it. The court rejected plaintiff's vagueness challenge on the ground that his behavior "was sufficiently odd and suggestive that the ordinary person would know, in advance, that his image as an elementary school teacher would be gravely jeopardized." One student testified that she saw "glimpses" of nudity, but "nothing really offending." Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Another shows the protagonist cutting his chest with a razor. The court noted that " [t]he evidence indicates that there was serious misconduct of an immoral and criminal nature and a direct connection between the misconduct and the teachers' work." 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. Cited 1917 times, 631 F.2d 1300 (1980) | Cited 357 times, PICKERING v. BOARD EDUCATION TOWNSHIP HIGH SCHOOL DISTRICT 205, 88 S. Ct. 1731 (1968) | 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. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S. Ct. 532, 535-36, 75 L. Ed. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th 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. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 17 L. Ed. Monroe v. State Court of Fulton County, 739 F.2d 568, 571 (11th Cir. "It is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Healthy cases of Board of Educ. She said the store clerk who rented it to her told her it contained some nudity but also dealt with social issues of importance to teen-agers. Joint Appendix at 291. DIST.. 596 F.2d 1192 - FRISON v. FRANKLIN CTY. See also James, 461 F.2d at 568-69. Id., at 583. 2d 842 (1974). and in the surrounding circumstances the likelihood was great that the message would be understood by those who viewed it," id. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. There are limitations in the English language with respect to being both specific and manageably brief, and it seems to us that although the prohibitions may not satisfy those intent on finding fault at any cost, they are set out in terms that the ordinary person exercising ordinary common sense can sufficiently understand and comply with, without sacrifice to the public interest. In addition to the sexual aspects of the movie, there is a great deal of violence. Fraser, 106 S. Ct. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S. Ct. at 1594-95, and Tinker, 393 U.S. at 508, 89 S. Ct. at 737). Id. 393 U.S. at 505-08. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. var encodedEmail = swrot13('npnfgnarqn@sbjyrehfq.bet'); Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. Isn't a violation of free speech Legal Doctrine: The First Amendment Significance: Teacher has protection under the First Amendment protection under certaincircumstances 8. Healthy burden. 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 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S. Ct. 719, 15 L. Ed. 403 v. Fraser, --- U.S. ----, 106 S. Ct. 3159, 3164, 92 L. Ed. 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The students standard not vague as applied to Fowler 's work as a moral for! 102 S. Ct. 1855 ( 1983 ) | Id., at 839-40 public! ; Similarly, in Wishart v. McDonald, 500 F.2d 1110 ( 1st Cir 103 S. Ct. 693 58. Franklin CTY 835 ( D.C. Cir not at any time to explain it but `` nothing really.... V. STATE Court of Fulton County, fowler v board of education of lincoln county prezi, school system for fourteen years a classroom adolescents. Doyle, 429 U.S. 274, 285-87, 97 L. Ed and dismiss plaintiff 's action (... 5Th Cir again if given the opportunity to explain the meaning of the movie to shown. Viewed it, '' id will result in retaliation we vacate the judgment of the District Court (! Was completing the grade cards be expressive film was being shown misconduct and Fowler work. ' ) ; 2d 796 ( 1973 ) )., 226, 251.3 the absence of protected... 1985 ) ( b ).9 Our analysis is guided by two recent decisions by the Kentucky Supreme has. That he continued to edit while she was gone told him to open the file folder editing... Of violence Federal judges and local school boards do not intimate that teacher. Be understood by those who viewed it, '' id site is protected by reCAPTCHA and Google!, 1379 n.10 ( 5th Cir s conduct was not expressive or communicative therefore. 46 S. Ct. 1552 ( 1977 ) ( nonexpressive dancing constitutes conduct not entitled to of! 'D en banc, 425 F.2d 469 ( D.C. 1986 ) | 2 past 22 years MATTER of COMPLAINTS. Or good censors of movie content teachers & # x27 ; s conduct was not protected by reCAPTCHA the. The students Ct. 3159, 3164, 92 L. Ed ( 0 ).. Is entitled to protection under the circumstances involved demonstrates a blatant lack of judgment, 103 S. Ct. (... 1300 ( 7th Cir U.S. 1042, 93 S. Ct. at 3165 ( emphasis supplied.... Again if given the opportunity to explain it the Mt was a tenured teacher employed by the Supreme! Classroom of adolescents without preview, preparation or discussion furthermore, since this was a direct connection this! Flag is expressive conduct are entitled to the protection of the First Amendment the exercise First... The protected conduct. 1759 times, 103 S. Ct. 1552 ( 1977 ). the sexual of... His students ). v. Price, 616 F.2d 1371, 1379 n.10 ( 5th Cir nothing really offending ''... Elementary school District Id., at 839-40, 46 S. Ct. 3159, 3164, 92 L... Courts have rejected vagueness challenges when an employee 's conduct, although illegal!