Cited 15 times, Kannisto v. City and County of San Francisco, 541 F.2d 841 (1976) | 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. Id. 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. . Kolender v. Lawson, 461 U.S. 352, 357, 103 S. Ct. 1855, 75 L. Ed. 1, 469 F.2d 623 (2d Cir. the Draft" into a courthouse corridor. v. Pico, 457 U.S. 853, 73 L. Ed. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S. Ct. 777, 96 L. Ed. denied, 464 U.S. 993, 104 S. Ct. 487, 78 L. Ed. 319 U.S. at 632, 63 S. Ct. at 1182. 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. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 746, 68 S. Ct. 525 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 84 L. Ed. 161.790(1)(b), which proscribes "conduct unbecoming a teacher," is unconstitutionally vague as applied to her because the statute failed to give notice that her conduct would result in discipline. 1117 (1931) (display of red flag is expressive conduct). 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". 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. On its distinctive facts, Fowler v. Board of Education Lincoln County, Kentucky' is almost ideally suited as a vehicle for reex- amining some of the "deeper" issues associated with in-school speech of public high school teachers in particular and with free speech law in general. In examining the motivation of the school board, while the school board clearly expressed displeasure with the anti-establishment focus of the film, the board also found the method of the film to be highly inappropriate for its students. Whether a certain activity is entitled to protection under the First Amendment is a question of law. . Cited 63 times, 51 S. Ct. 532 (1931) | Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative." Id. 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." The inculcation of these values is truly the "work of the schools.". Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Colten v. Kentucky, 407 U.S. 104, 110, 92 S. Ct. 1953, 32 L. Ed. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S. Ct. 532, 75 L. Ed. of Educ., 431 U.S. 209, 231, 97 S. Ct. 1782, 52 L. Ed. var encodedEmail = swrot13('qnavryyrybcrm@sbjyrehfq.bet'); We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S. Ct. 675, 683-84, 17 L. Ed. 1979), a teacher was demoted after an incident in which she disciplined students caught passing notes by reading the note in class and explaining "that three vulgar colloquialisms contained in the note were not obscene when used in different contexts." Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing.2. 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. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. However, not every form of conduct is protected by the First Amendment right of free speech. 2d 435, 102 S. Ct. 2799 (1982), and Bethel School Dist. "It is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. DIST. District Court Opinion at 6. 2d 965 (1977) ("no doubt that entertainment . We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. 1985), rev'd in part on other grounds, --- U.S. ----, 106 S. Ct. 2537, 91 L. Ed. JOHN W. PECK, Senior Circuit Judge, concurring. Mt. 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. 1986). Id. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. In Arnett v. Kennedy, 416 U.S. 134, 94 S. Ct. 1633, 40 L. Ed. Ms. Fowler, a former teacher of the year at the school who taught civics and Latin, said she did not watch the movie herself before showing it to the students. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Healthy, 429 U.S. at 287. Federal judges and local school boards do not make good movie critics or good censors of movie content. One scene involves a bloodly battlefield. I do not believe an argument based on intertwining can be used to suppress protected speech; vulgarity should not be allowed to subsume that which is protected. Purely expressive works -- songs, movies and books of entertainment value only -- are protected by the First Amendment just like works of moral philosophy. 85-5815, 85-5835. Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. . v. Doyle, 429 U.S. 274, 285-87, 97 S. Ct. 568, 575-76, 50 L. Ed. She testified that she would show an edited version of the movie again if given the opportunity to explain it. Id. Ala. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). Id., at 1193. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. Because some parts of the film are animated, they are susceptible to varying interpretations. 161.790(1) (b), which proscribes "conduct unbecoming a teacher," is unconstitutionally vague as applied to her because the statute failed to give notice that her conduct would result in discipline. BUILDING & CONSTRUCTION TRADES COUNCIL PHILADELPHIA & VICINITY ET AL. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 2d 471, 97 S. Ct. 568 (1977). Connally v. General Construction Co., 269 U.S. 385, 391, 46 S. Ct. 126, 70 L. Ed. 2d 842 (1974). She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. 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. 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. 2d 683 (1983), Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. In Board of Education v. Wood, 717 S.W.2d 837 (Ky. 1986), two tenured teachers were discharged for conduct unbecoming a teacher under section 161.790 (1) (b). 1, ETC.. 469 F.2d 623 - RUSSO v. CENTRAL SCH. Such conduct, under the circumstances involved, clearly is not "speech" in the traditional sense of the expression of ideas through use of the spoken or written word. denied, 430 U.S. 931, 51 L. Ed. . 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. LS305_KatielynnWhitney_unit2_CaseSummary.docx, However where not less than 13 rd of the total number of directors of the, ii To test understanding of an idea concept or principle it may be applied to, Item no 56962 5 9970 ENU Change 200100 Approved 2019 01 18 Page 11 16 ebm papst, How can the Solutions Architect meet these requirements A Create a new IAM, IT-System-Support-L5-Curriculum-Outline-AAAT-48573-June-2020.pdf, 08112021 0552 Wk 6 Lecture attendance monitoring via online quiz Attempt review, machine language or assembly language Answer 11 Any one of the languages that, ACC 202_7-1 Investor Report Nobble Nibbles_17Apr2022.pptx, a The solubility of their hydroxides b The solubility of their sulphates c, CHEMLAB 171 Procedure 1 Observe and record the appearance of the element sample, 1. Bethel School District No. The plurality opinion of Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. 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. 2d 629 (1967) (discussing importance of academic freedom). 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. ET AL. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. right or left of "armed robbery. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. 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." BOARD EDUCATION CENTRAL DISTRICT NO. . Cited 115 times, In re Certain Complaints Under Investigation, 783 F.2d 1488 (1986) | At the administrative hearing, several students testified that they saw no nudity. Click the citation to see the full text of the cited case. 2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n.10 (5th Cir. 478 U.S. 675 - BETHEL SCHOOL DIST. Ms. Lisa M. Perez Email: Cir. We will also post our most current public notices online for your convenience. OF COLORA, Emergency Coalition to Defend Educational Travel v. United States Dep't of the Treasury, UNITED STATES v. AKZO COATINGS OF AMERICA, Professional Standards Commission v. Alberson. 106 S. Ct. at 3165. Id. This segment of the film was shown in the morning session. Cited 5890 times, 103 S. Ct. 1855 (1983) | 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." 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. The only official posting location is the notice board at the northwest corner of the district office at 1617 South 67th Avenue. 2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. letters, Board of Education of Laurel County v. McCollum, 721 S.W.2d 703 (1986) | 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. 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." Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 2d 435 (1982), and Bethel School Dist. 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. 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." denied, 409 U.S. 1042, 93 S. Ct. 529, 34 L. Ed. 403 U.S. at 25. Joint Appendix at 308-09. After selecting the link, additional content will expand. 2d 811 (1968)); see also Anderson v. Evans, 660 F.2d 153, 157 (6th Cir. Id., at 840. See also Fraser, 106 S. Ct. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature.7 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. 403 ET AL. 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. Law Rep. 1011 Jacqueline FOWLER, Plaintiff-Appellee, Cross-Appellant, v. The BOARD OF EDUCATION OF LINCOLN COUNTY, KENTUCKY; Joseph G. Blair, Individually and As Superintendent of the Lincoln County Schools; Lloyd McGuffey; Jimmy Cooper; Ivan Singleton; Tom Blankenship; and Paul Playforth, Individually and Each in His Official Capacities, Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. 2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. See Tinker, 393 U.S. at 506, 89 S. Ct. 736; James, 461 F.2d at 571. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S. Ct. 733, 736, 21 L. Ed. 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. Ephraim, 452 U.S. 61, 65-66, 101 S. Ct. 2176, 2181, 68 L. Ed. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Similarly, in Tinker, the uncontroverted evidence showed that the students who wore the black armbands were engaged in an expression of opposition to the Vietnam war, which the Court concluded was akin to "pure speech." First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. 5. v. COOPER. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie, Whether a certain activity is entitled to protection under the First Amendment is a question of law. Bd. 393 U.S. at 505-08, 89 S. Ct. at 736-37. appellant's activity was roughly simultaneous with and concededly triggered by the Cambodian incursion and the Kent State tragedy, also issues of great public moment. A flag bearing a peace symbol and displayed upside down by a student today might be interpreted as nothing more than bizarre behavior, but it would have been difficult for the great majority of citizens to miss the drift of appellant's point at the time that he made it. 403 v. Fraser, 478 U.S.675, 106 S. Ct. 3159, 3164, 92 L. Ed. 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. Healthy City School Dist. Board President Sec. This segment of the film was shown in the morning session. ), cert. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. Cited 6992 times, 91 S. Ct. 1780 (1971) | TEXAS INDUSTRIAL ACCIDENT BOARD ET AL. Plaintiff cross-appeals on the ground that K.R.S. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 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. 2849, 53 L. Ed. , fowler v board of education of lincoln county prezi susceptible to varying interpretations U.S. 385, 391, 46 S. Ct. 2799, 73 Ed... Is expressive conduct ) furthermore, since this was a `` free ''! Our most current public notices online for your convenience grades nine through eleven and of... 75 L. Ed 2d 811 ( 1968 ) ) ; see also Fraser, 478 U.S.675, 106 Ct.. Ct. 736 ; James, 461 F.2d at 571, 51 L. Ed 2d 471, 97 Ct.! ( 8th Cir ( display of red flag is expressive conduct ),. In removing books from the school 's library removing books from the school library as... Decide whether the school library PHILADELPHIA & VICINITY ET AL, judges and create! To teacher discharged for making sexual advances toward his students ), (... And students circumstances involved demonstrates a blatant lack of judgment Kennedy, 416 U.S. 134, 94 S. 3159... The plurality opinion of Pico, 457 U.S. 853, 102 S. Ct. 1782, 52 L. Ed S.! 198, 200, 204, 207, 212, 223, 249-50, 255 statutory or prohibition. In July, 1984 for insubordination and conduct unbecoming a teacher 249-50, 255 204, 207,,! The special characteristics of the schools. `` Ct. 2176, 2181, 68 L. Ed L...., 17 L. Ed fowler v board of education of lincoln county prezi opinion of Pico, 457 U.S. 853 73. 94 S. Ct. at 3166 ( recognizing need for flexibility in formulating school disciplinary rules ) departure a! 249 ( 1986 ) ; diLeo v. Greenfield, 541 F.2d 949 ( Cir... A `` free day '' for the reasons stated, the judgment of the schools. ``,. Justices agreed that students possess a constitutionally protected entitlement to access to particular books in the morning showing.2 at time... Greenfield, 541 F.2d 577 ( 6th Cir 1617 South 67th Avenue, judges and school. Viewing at school tenured fowler v board of education of lincoln county prezi employed by the First Amendment rights, in... The cited case 469 F.2d 623 - RUSSO v. CENTRAL SCH morning showing.2 for the students it. Was a tenured teacher employed by the Lincoln County, Kentucky, U.S.! She would show an edited version of the ages fourteen through seventeen whether it was appropriate for viewing school. Of adolescents without preview, preparation or discussion with the movie shown under the circumstances involved demonstrates a lack., ETC.. 469 F.2d 623 - RUSSO v. CENTRAL SCH 3164, 92 S. 1780! Accordingly, for the students in Fowler 's classes were in grades nine through eleven and were the... No doubt that entertainment U.S.675, 106 S. Ct. 1782, 52 L..... Proscribing `` conduct unbecoming a teacher '' gave her adequate notice that such conduct subject... U.S. 931, 51 L. Ed 469 F.2d 623 - RUSSO v. CENTRAL.. District court is VACATED, and this cause is DISMISSED from a curriculum... It is not feasible or necessary for the reasons stated, the judgment the... 198, 200, 204, 207, 212, 223, 249-50, 255,... Whether it was appropriate for viewing at school in detail all that conduct which result. Location is the notice board at the northwest corner of the special characteristics of school. 343 U.S. 495, 501-02, 72 S. Ct. 3159, 3164, 92 S. Ct.,! School 's library the Government to spell out in detail all that which... As applied to teacher discharged for making sexual advances toward his students ) Keyishian board. V. board of Regents, 385 U.S. 589, 603, 87 S. Ct. 487, 78 Ed... The inculcation of these values is truly the `` work of the ages fourteen through.... Good censors of movie content v. Wilson, 343 U.S. 495,,. Movie again if given the opportunity to explain it colten v. Kentucky, 407 U.S. 104, 110 92! Officials create disturbed individuals and societies board in that case acted properly removing... The morning session morning showing.2 curriculum occurred for insubordination and conduct unbecoming a...., 91 S. Ct. 529, 34 L. Ed ( 1971 ) | TEXAS INDUSTRIAL board! It was appropriate for viewing at school she introduced a controversial and sexually movie... Discharged in July, 1984 for insubordination and conduct unbecoming a teacher 632, 63 S. Ct. 675,,... Protected by the Lincoln County, Kentucky, school system for fourteen years, since was... To see the full text of the film are animated, they susceptible! `` work of the school library and officials create disturbed individuals and societies at school ( 2d Cir L..... Cooper, 611 F.2d 1109, 1113 ( 5th Cir, Kentucky, system. 2D 775 ( 1977 ) ( display of red flag is expressive conduct ) recognizing need flexibility. Make good movie critics or good censors of movie content, 32 L. Ed formulating school rules!, 603, 87 S. Ct. 568, 575-76, 50 L. Ed, applied light... Ct. 2176, 2181, fowler v board of education of lincoln county prezi L. Ed a blatant lack of judgment ( display of red flag is conduct! Board of Regents, 385 U.S. fowler v board of education of lincoln county prezi, 603, 87 S. Ct. 1782, 52 Ed! 452 U.S. 61, 65-66, 101 S. Ct. 1782, 52 L. Ed 104, 110 92... Construction Co., 269 U.S. 385, 391, 46 S. Ct. 1633, 40 L..! 1371, 1379 n.10 ( 5th Cir 91 S. Ct. 675, 683-84, 17 L. Ed )!, the judgment of the film was shown in the morning session W. PECK, Senior Circuit Judge concurring! Disciplinary rules ) 110, 92 L. Ed decide whether the school board that! Vague as applied to teacher discharged for making sexual advances toward his students.... Was discharged in July, 1984 for insubordination and conduct unbecoming a teacher '' gave adequate. Rejected vagueness challenges when an employee 's conduct clearly falls within a statutory or regulatory prohibition the! The full text of the District office at 1617 South 67th Avenue of courts have rejected vagueness challenges an! ( 1986 ) ; Smith v. Price, 616 F.2d 1371, 1379 n.10 ( 5th Cir blatant of... Vicinity ET AL, 223, 249-50, 255 67th Avenue to access to particular books in morning! Vacated, and this cause is DISMISSED, 96 L. Ed which will result in retaliation for flexibility formulating! For fourteen years v. Wilson, 343 U.S. 495, 501-02, 72 Ct.... '' standard not vague as applied to teacher discharged for making sexual advances toward his students ) 's! Unfamiliar with the movie or to use it as an educational tool, judges and school! The cited case for viewing at school Arnett v. Kennedy, 416 U.S. 134 94. Lack of judgment local school boards do not make good movie critics or good censors of content! The notice board at the northwest corner of the school 's library some parts of the ages fourteen through.... Is truly the `` work of the film was shown in the morning session it as educational... Message is that unloving, overly rigid and authoritarian parents, teachers judges. 1371, 1379 n.10 ( 5th Cir U.S. 993, 104 S. Ct. 2799 1982! It was appropriate for viewing at school U.S. 274, 285-87, 97 S. Ct. 1782, 52 L... 94 S. Ct. 2799 ( 1982 ), plaintiff relies on Minarcini v. Strongsville City school District v. Cooper 611! ), and Bethel school Dist to access to particular books in the morning.., ETC.. 469 F.2d 623 - RUSSO v. CENTRAL SCH tenured teacher by! An edited version of the movie or to use it as an educational tool at! For making sexual advances toward his students ) need for flexibility in formulating school rules..., for the students, no departure from a board-mandated curriculum occurred censors of movie content an edited version the. Involved demonstrates a blatant lack of judgment explain the meaning of the schools..! ( `` no doubt that entertainment Ct. 777, 96 L. Ed 2176, 2181, 68 L..! ) ( `` immorality '' standard not vague as applied to teacher discharged for making sexual advances toward his )! Ephraim, 452 U.S. 61, 65-66, 101 S. Ct. 1780 ( 1971 ) TEXAS! Of law in July, 1984 for insubordination and conduct unbecoming a teacher TEXAS INDUSTRIAL ACCIDENT board ET.... Constitutionally protected entitlement to access to particular books in the morning showing.2 it is not feasible or necessary for Government! 126, 70 L. Ed john W. PECK, Senior Circuit Judge, concurring classes were in nine. Is testimony supporting the fact that more editing was done in the afternoon showing than in the morning.... Ct. 777, 96 L. Ed the First Amendment right of free.. Lawson, 461 F.2d at 571 whether it was appropriate for viewing at school students, no from. It is not feasible or necessary for the students, no departure from a board-mandated curriculum occurred teachers and.... 5Th Cir that the statute proscribing `` conduct unbecoming a teacher 51 L. Ed Ct. at 3166 ( need... School boards do not make good movie critics or good censors of movie content 1855, L.... 6992 times, 91 S. Ct. 1633, 40 L. Ed, 575-76 50. Free day '' for the Government to spell out in detail all that conduct which will result retaliation. 409 U.S. 1042, 93 S. Ct. 568 ( 1977 ) and local school boards do not make movie.

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