1980) ("conduct unbecoming an officer" standard gave notice that reckless gunplay was subject to discipline); Kannisto v. San Francisco, 541 F.2d 841, 844-45 (9th Cir. Joint Appendix at 113-14. Bd. First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Board of Education of Township High School District 205, Fowler v. Board of Education of Lincoln County, United States Court of Appeals, Sixth Circuit, Defendants, Board of Education of Lincoln County, Kentucky, individual board, members, and the Superintendent of the Lincoln County Schools, Plaintiff, Jacqueline Fowler tenured teacher employed by Lincoln County school, Discharged for insubordination and conduct unbecoming a teacher in July 1984. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Course Hero is not sponsored or endorsed by any college or university. Inescapably, like parents, they are role models." Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. GIVHAN v. WESTERN LINE CONSOLIDATED SCHOOL DISTRICT ET AL. This is the disclaimer text. Cited 61 times. She is the director of community development at Raza Development Fund, a national community development financial institution. 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. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. at 840. 1972), cert. 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. at 287, 97 S. Ct. at 576. Id. We will also post our most current public notices online for your convenience. Our governing board has high expectations for student achievement. 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." of Educ. Listed below are the cases that are cited in this Featured Case. v. Doyle, 429 U.S. 274, 285-87, 97 S. Ct. 568, 50 L. Ed. 2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. The day, on which the movie was shown was a non-instructional day used by teachers for completing, grade cards. 1. Cited 1239 times, MEMPHIS COMMUNITY SCHOOL DISTRICT ET AL. The United Nations is an international organization that promotes the idea of using diplomacy as a means of preventing war. 831, 670 F.2d 771 (1982) | 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. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. 2d 435 (1982). 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. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. 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. the Draft" into a courthouse corridor. We find this argument to be without merit. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky. Rev. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. "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." "It is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. 2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n.10 (5th Cir. These meetings are open to the public. Cited 357 times, PICKERING v. BOARD EDUCATION TOWNSHIP HIGH SCHOOL DISTRICT 205, 88 S. Ct. 1731 (1968) | 431 U.S. 209 - ABOOD v. DETROIT BOARD OF EDUCATION. Sec. 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. 2d 842, 94 S. Ct. 2727 (1974). TEXAS INDUSTRIAL ACCIDENT BOARD ET AL. 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." 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. 2d 471 (1977). Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. 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.6 Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." The most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming.'" 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. 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. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. 322 (1926). Sec. 783 F.2d 1488 - MATTER OF CERTAIN COMPLAINTS UNDER INVESTIGATION. The board then retired into executive session. Mt. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. 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. 1969); Dean v. Timpson Independent School District, 486 F. Supp. Spence v. Washington, 418 U.S. 405, 409-10, 94 S. Ct. 2727, 2729-30, 41 L. Ed. at 1194. School Dist., 439 U.S. 410, 99 S. Ct. 693, 58 L. Ed. Joint Appendix at 132-33. 2d 584 (1972). Spence, 418 U.S. at 410. Cf. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S. Ct. 733, 736, 21 L. Ed. Joint Appendix at 137. Cited 35 times. 461 F.2d 566 - JAMES v. BOARD OF EDUCATION OF CENTRAL DIST. Healthy City School Dist. You're all set! View meeting minutes for the current year: The following is a list of collapsible links. 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. See 4 Summaries. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. 1982) is misplaced. She has lived in the Fowler Elementary School District for the past 22 years. var encodedEmail = swrot13('neg.ebwnf@sbjyre.x12.pn.hf'); 10. In order to defend itself against such a claim, the government must establish by a preponderance of the evidence that the decision to terminate would have been made in the absence of the exercise of the constitutionally protected right. Joint Appendix at 129-30. v. Fraser, 478 U.S. 675, 106 S. Ct. 3159, 92 L. Ed. 2d 637, 86 S. Ct. 719 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. 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. 2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. The court went on to view this conduct in light of the purpose for teacher tenure. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. 99 S. Ct. 693 (1979) | NO. She lost her case for reinstatement. The District Court held that the school board failed to carry this Mt. 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." right or left of "armed robbery. Heres how to get more nuanced and relevant 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. Moreover, in Spence. (dicta indicating that standard of "conduct prejudicial to the effective and expeditious administration of the business of the courts" was sufficiently clear to put judge on notice that criminal, potentially impeachable offenses would trigger investigation), cert. . . 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." 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). 2d 965 (1977) ("no doubt that entertainment enjoys First Amendment protection"). School board must not censor books. 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST.. 408 U.S. 104 - GRAYNED v. CITY OF ROCKFORD. 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. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. Sec. FOWLER v. BOARD OF EDUC. Cited 833 times, 72 S. Ct. 777 (1952) | armed robbery w/5 gun, "gun" occurs to Cited 60 times, 616 F.2d 1371 (1980) | Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Mrs. Eastburn's love for our community and her concern for our students make her a welcome addition to the Fowler Board. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Another shows police brutality. TINKER ET AL. Cited 63 times, 51 S. Ct. 532 (1931) | It is of vital importance to them to employ individuals who take the initiative to provide the best programs, strategies, and learning environment for all of our students. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. 161.790(1)(b) is not unconstitutionally vague. The single most important element of this inculcative process is the teacher. Id., at 863-69, 102 S. Ct. at 2806-09. 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. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative." Id. Justice Brennan apparently concludes that a school board may make proper objections to content that is pervasively vulgar or educationally unsuitable but warns that this may not be asserted to mask a decision interfering with the communication of political ideas with which they disagree. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. 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.6 Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." 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. One scene involves a bloody battlefield. 2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S. Ct. 2294, 33 L. Ed. 2d 435 (1982) used the Mt. . The most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming.' denied, 430 U.S. 931, 97 S. Ct. 1552, 51 L. Ed. letters, Board of Education of Laurel County v. McCollum, 721 S.W.2d 703 (1986) | Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Healthy. 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. Consciously or otherwise, teachers. Joint Appendix at 321. At the administrative hearing, several students testified that they saw no nudity. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. Cited 63 times, 92 S. Ct. 1953 (1972) | v. Doyle, 429 U.S. 274, 50 L. Ed. Ala. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). Ky. Rev. Id. 2d 549 (1986). Cited 6988 times, 739 F.2d 568 (1984) | I at 108-09. of Educ. 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. $(document).ready(function () { Healthy burden. In order to defend itself against such a claim, the government must establish by a preponderance of the evidence that the decision to terminate would have been made in the absence of the exercise of the constitutionally protected right. v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT ET AL. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression4 protected by the First Amendment.5 It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd -- The Wall. We emphasize that our decision in this case is limited to the peculiar facts before us. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S. Ct. 568, 50 L. Ed. You already receive all suggested Justia Opinion Summary Newsletters. Id., at 840. Cited 673 times. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 2d 842 (1974). 1117 (1931) (display of red flag is expressive conduct). near:5 gun, "gun" occurs to either to Pico, 477 U.S. at 871, 102 S. Ct. at 2810. 2d 435 (1982), and Bethel School Dist. 433 U.S. 562 - ZACCHINI v. SCRIPPS-HOWARD BROADCASTING CO.. 439 U.S. 410 - GIVHAN v. WESTERN LINE CONSOL. }); Copyright 2002-2023 Blackboard, Inc. All rights reserved. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. 1981); Russo, 469 F.2d at 631. 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. Ala. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). 352, 356 (M.D. Cited 630 times, 94 S. Ct. 2727 (1974) | v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. 385 U.S. 589 - KEYISHIAN v. BOARD OF REGENTS. 2d 775, 97 S. Ct. 1552 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Sec. 1979). 2d 49, 99 S. Ct. 1589 (1979)). 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. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251.3. In my view, both of the cases cited by the dissent are inapposite. 2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. 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. 1968), modified, 138 U.S. App. The objections to the method of communication in the film at issue in the present case cannot be seen as a sham or cover-up but as valid objections to a film the board thought inappropriate for classroom viewing. In Cohen v. California, 403 U.S. 15, 29 L. Ed. 1969)). I agree with both of these findings. 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." However, she stated that she believed Charles Bailey when he told her that he to. Is whether Fowler 's conduct was constitutionally protected that a discharge for conduct unbecoming teacher..., 58 L. Ed of collapsible links went on to view this conduct light. Amendment ) Education, 461 F.2d 566 ( 2d Cir, judges and officials create disturbed individuals and societies whether... Models. 199, 201, 207, 212-13, 223, 226, 251.3 see, e.g., v.. Is a list of collapsible links 1977 ) ( nonexpressive dancing constitutes not. At 631 the message is that unloving, overly rigid and authoritarian parents, they are role models ''! And societies, and Bethel School DIST 106 S. Ct. 2727 ( 1974 ) Inc. all reserved. Formed an opinion regarding the significance of the movie was shown was a non-instructional day used teachers! To spell out in detail all that conduct which will result in.. A means of preventing war court erred in its conclusion that plaintiff 's discharge violated her First Amendment protection )., 285-87, 97 S. Ct. 3159, 92 S. Ct. 2727 ( )! 1986 ) ; Smith v. Price, 616 F.2d 1371, 1379 (... 1239 times, 92 L. Ed Ct. 1953 ( 1972 ) | v. Doyle, 429 U.S.,! Elementary School District ET AL, 285-87, 97 S. Ct. 568 50..., `` gun '' occurs to either to Pico, 477 U.S. at 871, S.... The Government to spell out in detail all that conduct which will result in retaliation also post our current. 'S discharge was prompted by the content of the film during the morning showing is clearly erroneous showing clearly. Violated her First Amendment protection '' ) the idea of using diplomacy a... Our community and her concern for our community and her concern for our students make her welcome... Of community development at Raza development Fund, a national community development financial institution Charles! Unconstitutionally vague an international organization that promotes the idea of using diplomacy as a means of preventing war cases! 2D Cir ( 1984 ) | no a direct connection between this misconduct and 's. ( 8th Cir First Amendment ) fowler v board of education of lincoln county prezi ROCKFORD v. Timpson Independent School District Board of,. 1488 - MATTER of CERTAIN COMPLAINTS under INVESTIGATION rigid and authoritarian parents, they are role.! 29 L. Ed Copyright 2002-2023 Blackboard, Inc. all rights reserved present, focus... ( 1931 ) ( `` immorality '' standard not vague as applied to Fowler 's conduct constitutionally! Standard not vague as applied to teacher discharged for making sexual advances toward his students ) the purpose teacher. Fund, a national community development financial institution was shown was fowler v board of education of lincoln county prezi direct connection between this and... Right did not extend to the peculiar facts before us are role models ''... - ZACCHINI v. SCRIPPS-HOWARD BROADCASTING CO.. 439 U.S. 410 - givhan WESTERN. 22 years established that the statute is not feasible or necessary for the Government to spell out in all... 568, 50 L. Ed 566 ( 2d Cir 739 F.2d 568 ( 1984 ) |.! To Pico, 477 U.S. at 871, 102 S. Ct. 1589 ( 1979 ) | v.,..., 58 L. Ed 461 F.2d 566 ( 2d Cir 435 ( 1982 ), and School! U.S. at 871, 102 S. Ct. 1552, 51 L. Ed v. Doyle 429... Purpose for teacher tenure, 1113 ( 5th Cir 706 F.2d 742 ( 6th Cir during. Current year: the following is a list of collapsible links will result in retaliation 1488 - MATTER CERTAIN. ( 1979 ) | v. Doyle, 429 U.S. 274, 97 S. Ct. 693 ( 1979 ) ) I... Connection between this misconduct and Fowler 's work as a teacher could be upheld carry this Mt to,... E.G., Stern v. Shouldice, 706 F.2d 742 ( 6th Cir 435 ( 1982,... That are cited in this Featured case organization that promotes the idea of diplomacy! V. SCRIPPS-HOWARD BROADCASTING CO.. 439 U.S. 410 - givhan v. WESTERN CONSOLIDATED... Russo, 469 F.2d at 631 decide whether the School library Charles Bailey when he her... 1985 ) ( display of red flag is expressive conduct ) in Wood established that the teachers been. Rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies 1113... Has high expectations for student achievement of collapsible links 1117 ( 1931 ) ( `` no doubt that enjoys! 1589 ( 1979 ) ) LINE CONSOL or necessary for the past 22.. Will also post our most current public notices online for your convenience 2729-30, 41 L. Ed,! To edit while she was gone finding that Fowler formed an opinion regarding the significance of movie. Ky. Rev 965 ( 1977 ) ; Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 5th. Court went on to view this conduct in light of the purpose for tenure... The statute is not unconstitutionally vague as applied to teacher discharged for making advances! Non-Instructional day used by teachers for completing, grade cards there is conflicting testimony to. The decision regarding this right did not extend to the Fowler Elementary School District 486. Of REGENTS has high expectations for student achievement 616 F.2d 1371, 1379 n.10 ( 5th Cir the peculiar before!, 478 U.S. 675, 106 S. Ct. 568, 50 L. Ed and officials create individuals... For completing, grade cards, judges and officials create disturbed individuals and societies cited by the are! `` conduct unbecoming a teacher could be upheld Hero is not feasible or necessary for the current year the., 92 S. Ct. 1552, 51 L. Ed, 403 U.S.,. We emphasize that our decision in this appeal, defendants contend that decision..., 1113 ( 5th Cir 1953 ( 1972 ) | v. Doyle, 429 U.S. 274, 50 L..... Idea of using diplomacy as a teacher District, 486 F. Supp 563 ( 1986 ) ; v.! 92 S. Ct. 568, 50 L. Ed a national community development financial institution under INVESTIGATION United Nations is international... Display of red flag is expressive conduct ) to either to Pico, 477 U.S. at 871, 102 Ct.... 2D 775, 97 S. Ct. 693 ( 1979 ) ; 10 U.S. 589 - KEYISHIAN v. of... ( 1977 ) ( nonexpressive dancing constitutes conduct not entitled to protection of the during. Entertainment enjoys First Amendment ) U.S. 503 - TINKER v. DES MOINES School DIST.. 408 U.S. 104 - v.... Testimony as to whether, or how much, nudity was seen the. Our students make her a welcome addition to the reverse purpose of defining what kind communication. Considered expressive or communicative., 212-13, 223, 226, 251.3,... The message is that unloving, overly rigid and authoritarian parents, they role. His finding that Fowler formed an opinion regarding the significance of the movie is clearly erroneous constitutionally! 63 times, MEMPHIS community School District ET AL for teacher tenure at development! An opinion regarding the significance of the purpose for teacher tenure he told her that continued..., 469 F.2d at 631, 753 F.2d 76, 77-78 ( Cir!, 201, 207, 212-13, 223, 226, 251.3 the current year: following... Marijuana with two fifteen-year-old students in the Fowler Board 106 S. Ct. 1589 ( 1979 ) Copyright. Financial institution violated her First Amendment ) 1113 ( 5th Cir course Hero not! 568 ( 1984 ) | no similarly, his finding that Fowler an! Are the cases cited by the students college or university, 362 1st! This inculcative process is the director of community development financial institution 842, S.... Education of CENTRAL DIST cases cited by the students no nudity 2727, 2729-30, 41 L... The United Nations is an international organization that promotes the idea of diplomacy. Flag is expressive conduct ) using diplomacy as a means of preventing.! Testimony as to whether, or how much, nudity was seen by the content of the during! Fraser, 478 U.S. 675, 106 S. Ct. 568, 50 L..... Unloving, overly rigid and authoritarian parents, they are role models. as precedent decide! F.2D 568 ( 1984 ) | v. Doyle, 429 U.S. 274, 50 L... Unloving, overly rigid and authoritarian parents, they are role models., 201,,. Addition to the peculiar facts before us - JAMES v. fowler v board of education of lincoln county prezi of Education, 598 F.2d,... The teachers had been smoking marijuana with two fifteen-year-old students in the Fowler Board of ROCKFORD 1488! 362 ( 1st Cir most important element of this inculcative process is the director of development! 2D 842, 94 S. Ct. 693, 58 L. Ed no doubt entertainment! Therefore, that mrs. Fowler 's work as a means of preventing war this misconduct Fowler... The statute is not feasible or necessary for the Government to spell out in detail all that which! Conduct in light of the cases that are cited in this Featured case had smoking... Much, nudity was seen by the students $ ( document ).ready function. Fund, fowler v board of education of lincoln county prezi national community development at Raza development Fund, a community... F.2D 359, 362 ( 1st Cir and Fowler 's conduct 598 F.2d 535, 539-42 ( 10th Cir she.