The more important question is not the motive of the speaker so much as the purpose of the interference. The notice advised her that a hearing would be held on July 10, 1984, and she subsequently advised the board of her intention to appear at the hearing and contest the charges. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 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.
Opinion of Judge Milburn at p. 663 n. 6 (emphasis added) (citations omitted).

Following her termination, plaintiff Fowler initiated her action in the district court alleging that her First and Fourteenth Amendment rights were violated by her discharge, and that the Kentucky statutes forming the basis for her discharge were unconstitutionally vague or overbroad.

at 737). 3159, 92 L.Ed.2d 549 (1986). Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative...." Id. 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 scene involves a bloody battlefield.

Sec. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. 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.
In the process, she abdicated her function as an educator. The inculcation of these values is truly the "work of the schools.". Plaintiff Fowler received her termination notice on or about June 19, 1984. Indeed, the "fundamental values necessary to the maintenance of a democratic political system" disfavor the use of terms of debate highly offensive or highly threatening to others. Fraser, 106 S.Ct. 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. Joint Appendix at 242-46. 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. Another scene shows children being fed into a giant sausage machine. Another shows police brutality. 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. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. Fowler v. Board of Education Important Pre-Trial Information Pre-Trial Continued Participants Involved -The night she rents the film the store clerk warns Fowler that the film should be edited before allowing students to view it. 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.

In addition to the sexual aspects of the movie, there is a great deal of violence. Writing for the Court, Justice Harlan stated that "while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric.

See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) 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. The day on which the movie was shown was a non-instructional day … … Plaintiff cross-appeals on the ground that K.R.S.

Other segments involving a violent rape, nudity, a suggestion of oral sex, and a naked woman and naked man in bed engaging in foreplay and intercourse were also shown in the morning.


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