The root of the vagueness doctrine is a rough idea of fairness. 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. Fowler rented the video tape at a video store in Danville, Kentucky. Id., at 1194. In the present case, plaintiff Fowler had a fifteen-year-old student show a controversial, highly suggestive and somewhat sexually explicit movie to a group of high school students aged fourteen to seventeen. Ky.Rev.Stat. at 307; Parducci v. Rutland, 316 F.Supp. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. She testified that she would show an edited version of the movie again if given the opportunity to explain it. Sec. 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. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). "Consciously or otherwise, teachers ... demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. Healthy City School Dist. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 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." 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. 215, 221, 97 L.Ed. 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. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. -The Supreme Court did NOT rule on this case. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. of Educ. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Spence, 418 U.S. at 411, 94 S.Ct. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. 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. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. It is undisputed that the audio portion of the movie, which contained enough offensive language to mandate an automatic "R" rating under motion picture industry standards, was played through the entire movie. The Court in the recent case of Bethel School Dist. Joint Appendix at 127. 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. Joint Appendix at 114, 186-87. at 3165 (emphasis supplied). 568, 50 L.Ed.2d 471 (1977). Federal judges and local school boards do not make good movie critics or good censors of movie content. Spence, 418 U.S. at 410, 94 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. 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. This segment of the film was shown in the morning session. Sterling, Ky., for defendants-appellants, cross-appellees. ), aff'd en banc, 425 F.2d 472 (D.C.Cir.1969)). Justice Brennan restated the test to decide intent and asserted: Thus whether petitioners' removal of books from their school libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Another scene shows children being fed into a giant sausage machine. 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. 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.
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