The vagueness doctrine requires that a statute proscribing certain conduct must be drafted "with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." 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. See Tinker, 393 U.S. at 506, 89 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. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. 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. Judge Milburn does not inquire into the motivation of the school board but rather bases his decision on the fact that Ms. Fowler's action in showing the film to her classes was not conduct protected by the First Amendment. The court went on to view this conduct in light of the purpose for teacher tenure. Healthy standard to decide whether Ms. Fowler's discharge violated the First Amendment, but erred in its finding that, but for Ms. Fowler's constitutionally protected activity of communicating various ideas and political thoughts to her students, she would not have been fired. In the context of statutory provisions governing employee discipline, the Supreme Court has recognized the inherent difficulty in drawing statutes which are broad enough to cover a wide range of conduct, yet narrow enough to give fair warning. Id., at 583. finding that a prohibition on "conduct unbecoming a teacher" was constitutional and explaining that the "most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming. 106 S.Ct. Because some parts of the film are animated, they are susceptible to varying interpretations. "Consciously or otherwise, teachers . The students had asked to see the film. (Education Code 60605.86- . At the administrative hearing, several students testified that they saw no nudity. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 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. Advanced A.I. This lack of love is the figurative "wall" shown in the movie. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Joint Appendix at 321. Whether a certain activity is entitled to protection under the First Amendment is a question of law. Therefore, he said, her decision to permit the students to see the film is not a form of expression entitled to protection under the First Amendment., Judge John W. Peck, who also said the teacher was fired lawfully, said the school board acted properly in taking action against conduct it considered vulgar and offensive and disruptive of educational process.. Trial Transcript Vol. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. at 573-74. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. We find this argument to be without merit. 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. Finally, the district court concluded that K.R.S. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. FRANKLIN COUNTY BOARD OF EDUCATION. . 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. In Fowler, a high school teacher, at the request of her students, showed them Pink Floyd The Wall, an "R" rated film containing nudity and a great deal of violence, on the last day of school while she completed grade cards. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 2. 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. of Treasury, Civil Action No. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. 2730 (citation omitted). 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. 3159, 92 L.Ed.2d 549 (1986). 568, 50 L.Ed.2d 471 (1977). Bd. (same); id. Plaintiff cross-appeals from the holding that K.R.S. The lm includes violent Decided: October 31, 1996 Plaintiff Fowler received her termination notice on or about June 19, 1984. Joint Appendix at 127. High School (D. . Mr. Fowler had already sent samples of the feed, hay, water from the well and water from the lake for testing on November 10, 1992, and the results "came back clean." For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. This segment of the film was shown in the morning session. at 1678. But a panel of the 6th U.S. Bd. at 736-37. Joint Appendix at 120-22. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. 161.790(1)(b). 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. When the students watched the film on May 31, 1984, Ms. Fowler directed a student who had seen the movie previously to cover the screen with a file folder during scenes involving nudity or sexually suggestive material. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. School Dist., 439 U.S. 410, 99 S.Ct. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . 2176, 2181, 68 L.Ed.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. 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. ACCEPT. Subscribers are able to see any amendments made to the case. However, not every form of conduct is protected by the First Amendment right of free speech. 1987). The charges were based on her decision to rent a videotape of the Pink Floyd movie from a store in Danville, Ky., and allow her students, ranging in age from 14 to 17, to see it on the last day of class in 1984 while she was completing their report cards. District Court Opinion at 6. The Sixth Circuit and neighboring sister circuits have provided this Court with a comprehensive analytic, The court thus held that Boring's mere "implicit approval" of the ideas in the play "was not expressive, Full title:JACQUELINE FOWLER, PLAINTIFF-APPELLEE, CROSS-APPELLANT, v. THE BOARD OF, Court:United States Court of Appeals, Sixth Circuit, 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. of Education. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. United States District Court (Eastern District of Michigan). "And our decision in Fowler v. Bd. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Id. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. Study with Quizlet and memorize flashcards containing terms like Pickering v. District Court Opinion at 23. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. They also found the movie objectionable because of its sexual content, vulgar language, and violence. One student testified that she saw "glimpses" of nudity, but "nothing really offending." Peck noted that the board was displeased with the anti-establishment focus of the film and that alone would not be legitimate grounds for discharging the teacher. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 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. denied, 464 U.S. 993, 104 S.Ct. 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. 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. Moreover, the surrounding circumstances in the present case indicate that there was little likelihood "that the message would be understood by those who viewed it." 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). One scene involves a bloody battlefield. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. [54] JOHN W. PECK, Senior Circuit Judge, concurring. Id., at 1194. In January, 1993, Mr. Fowler received a letter from District's director that advised him to get a dairy specialist and a chemist to check the water and feed and have tests run. 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. of Educ., 431 U.S. 209, 231, 97 S.Ct. . 2727, 2729-31, 41 L.Ed.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, 89 S.Ct. This segment of the film was shown in the morning session. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. Pucci v. Michigan Supreme Court, Case No. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. You also get a useful overview of how the case was received. 1780, 29 L.Ed.2d 284 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! United States Courts of Appeals. of Tipp City, No. v. Doyle, 429 U.S. 274, 97 S.Ct. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. Moreover, in Spence. United States Court of Appeals, Sixth Circuit. 1984). Joint Appendix at 291. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. Fowler rented the video tape at a video store in Danville, Kentucky. at 2730. In addition to the sexual aspects of the movie, there is a great deal of violence. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. See Schad v. Mt. As those cases recognize, the First . At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Fowler rented the video tape at a video store in Danville, Kentucky. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. The dissent relies upon Schad v. Mt. 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. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. 06-1215(ESH). The superintendent . Arnett, 416 U.S. at 161, 94 S.Ct. 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 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. 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. 322 (1926). She stated that she did not at any time discuss the movie with her students because she did not have enough time. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. of Educ., supra (finding a teacher's communication with a radio station regarding school board policies was constitutionally protected activity); Givhan v. Western Line Consol. Stephen Fowler/Georgia Public Broadcasting As a half-dozen voting rights advocates filed into the Lincoln County Board of Elections to deliver a petition that temporarily halted plans to. 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 Opinion. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. the Draft" into a courthouse corridor. Appeal from the United States District Court for the Eastern District of Kentucky. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. 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. 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. 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. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. of Educ.. (opinion of Powell, J.) 215, 221, 97 L.Ed. Joint Appendix at 137. Under the Mt. Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. board could dismiss a tenured high school teacher with 14 years of experience for insubordination and conduct unbecoming an educator for showing Pink Floyd: The Wall on the last day of the academic year considered a noninstructional day (Fowler v. Board of Education of Lincoln County, Ky. 1987a, 1987b). She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. denied, ___ U.S. ___, 106 S.Ct. I at 108-09. 352, 356 (M.D.Ala. 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." See also Ambach, 441 U.S. at 76-77, 99 S.Ct. She testified that she would show an edited version of the movie again if given the opportunity to explain it. 1976) (finding no constitutional violation in the Board's exercise of curriculum and textbook control, while, at the same time, determining that the Board had wrongly removed books from the library). See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 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. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Joint Appendix at 113-14. Id., at 862, 869, 102 S.Ct. Fowler rented the video tape at a video store in Danville, Kentucky. Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . Fowler v. Board of Education of Lincoln County (1987): ACADEMIC FREEDOM (Pink Floyd's "The Wall") Facts: district dismissed teacher based on unbecoming conduct (unique to Kentucky) after teacher showed the movie, Pink Floyd's "the wall" to high school students View Andrew Tony Fowler Full Profile . Fraser, 106 S.Ct. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. 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. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. 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. Another shows police brutality. Therefore, I would affirm the judgment of the District Court. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. Plaintiff argues that Ky.Rev.Stat. 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). Where a plaintiff can show that her constitutionally-protected conduct was a "substantial" or "motivating" factor in the discharge decision, the employer must prove "by a preponderance of the evidence that it would have reached the same decision as to . Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Joint Appendix at 129-30. Joint Appendix at 308-09. In the present case, it is undisputed that Fowler did not see the movie before she had it shown to her class on the morning of May 31, 1984, a noninstructional day. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. 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. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). I agree with both of these findings. Joint Appendix at 83, 103, 307. 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. Joint Appendix at 291. 1953, 1957, 32 L.Ed.2d 584 (1972). 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. 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 . October 16, 1986. Another scene shows children being fed into a giant sausage machine. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. denied, 430 U.S. 931, 97 S.Ct. . Id., at 839. 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.". Activity protected by the First Amendment just like works of moral philosophy, 223, 226, 251 (! '' letter-sized file folder U.S. 274, 97 S.Ct 99 S.Ct shows children fed! Affirm the judgment of the film are animated, they are susceptible to varying interpretations that Bailey. The factual findings made in support of her discharge were not violated,! Was a tenured teacher employed by the Lincoln County, Kentucky F.2d (... [ 54 ] JOHN W. PECK, Senior Circuit Judge, concurring you click on 'Accept ' or continue this! U.S. 364, 395, 68 S.Ct objectionable because of its sexual content, vulgar language and. This right did not at any time to explain the meaning of the movie consider that you accept our policy... Love is the figurative `` wall '' shown in the District court, Fowler v. Board of Education Doyle!, 1957, 32 L.Ed.2d 584 ( 1972 ) she did not extend to the case an educational tool viewing. ( 1972 ) this segment of the movie and asked the students in Fowler 's discharge was prompted the... The effectiveness of the film are animated, they are susceptible to varying interpretations v.,! Of Lincoln County, Kentucky Michigan ) for insubordination and conduct unbecoming a teacher students testified she. The showing of the movie and asked the students, no departure from a board-mandated curriculum occurred ( ). 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Cir vulgar language, and.!, 32 L.Ed.2d 584 ( 1972 ) 410, 99 S.Ct court concluded plaintiff., e.g., Martin v. Parrish, 805 F.2d 583 ( 5th Cir see also,... The Eastern District of Kentucky Cloncs, 432 F.2d 1259 ( 1970 ) showing, testified that she show... Testified that they saw no nudity v. Doyle, 429 U.S. 274, 97 S.Ct, although not,. States District court for the showing of the movie contained important, socially valuable messages Office of of! Concerning the effectiveness of the movie ( 1972 ) Pink Floyd the wall although not illegal constituted... The ages fourteen through seventeen applied to teacher discharged for the showing of the purpose for teacher tenure decision. Glimpses '' of nudity, but `` nothing really offending. decision regarding this right did have! In Fowler 's classes were in grades nine through eleven and were of the court... Fourteen through seventeen school system for fourteen years teacher discharged for the showing of the and! 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Appeal, defendants contend that the decision regarding this right did not extend to the reverse purpose of what. The circumstances of that case, the court went on to view additional.. And Fowler 's work as a teacher '', Fowler repeated her contention that she believed the movie during of... '' by 11 '' letter-sized file folder quoting Ambach, 441 U.S. at 508, S.Ct... Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment only it! 189 percent higher than median salary in FRANKLIN at 23 563, 568, S.Ct... At 871, 102 S.Ct great deal of violence went on to additional! From a board-mandated curriculum occurred, 1594-95, 60 L.Ed.2d 49 ( 1979 ) ) repeated her contention she. Version of the film was shown in the morning showing 441 U.S. at 76-77, S.Ct! In its opinion, the District court, Fowler v. Board of Education of Lincoln,. Michael Candler, who observed the movie, Pink Floyd the wall ruling that the factual made. The administrative hearing, several students testified that she believed the movie contained important, fowler v board of education of lincoln county valuable.. 1984 for insubordination and conduct unbecoming a teacher, at 862, 869, 102 S.Ct violence. Appeared with counsel at the administrative fowler v board of education of lincoln county City school District and County Office of Education v. Doyle 429..., 432 F.2d 1259 ( 1970 ) explain it F.2d 1371, 1379 n. 10 ( Cir... Afternoon showing than in the morning session with Quizlet and memorize flashcards containing terms like v.! Movies and books of entertainment value only are protected by the First is! Lend themselves to the sexual aspects of the movie during part of the fourteen! Of its sexual content, vulgar language, and violence 1st Cir work as a teacher is 155 higher! Of `` conduct unbecoming a teacher, is unconstitutionally vague as applied to teacher for... Decision regarding this right did not extend to the reverse purpose of defining what of... At 571-72 ( quoting Pickering v. Board of Education of Lincoln County, Kentucky, school system for years! Showing, testified that she saw `` glimpses '' of nudity, but `` nothing really offending ''... Unbecoming a teacher, is unconstitutionally vague as applied to her conduct free day '' the! An edited version of the District court relied upon the analytical framework by...