In addition to the sexual aspects of the movie, there is a great deal of violence. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. FRANKLIN COUNTY BOARD OF EDUCATION. 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. See, e.g., Mt. Joint Appendix at 83, 103, 307. Because some parts of the film are animated, they are susceptible to varying interpretations. denied, 409 U.S. 1042, 93 S.Ct. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. 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. Healthy, 429 U.S. at 287, 97 S.Ct. Sec. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. 568, 50 L.Ed.2d 471 (1977). at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. . Fowler testified that she left the classroom on several occasions while the movie was being shown. 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. 719, 724, 15 L.Ed.2d 637 (1966) (sit-in by black students in "whites only" library was symbolic speech); West Virginia State Board of Education v. Barnette, 319 U.S. 624, 633-34, 63 S.Ct. In fact, Mrs. Fowler was not discharged because she entertained her students: she was discharged because the school board did not like the content of the movie. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. Bd. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. He finds that Ms. Fowler did not possess "[a]n intent to convey a particularized message" to her students because she was not familiar with the content of the film before she showed it, citing Spence v. Washington, 418 U.S. 405, 410, 94 S.Ct. Boring v. Buncombe County Bd. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 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. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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. 2880, 2897, 37 L.Ed.2d 796 (1973)). The court went on to view this conduct in light of the purpose for teacher tenure. 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 District Court Opinion at 6. Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. 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. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. In Spence, the undisputed facts established that the appellant hung a United States flag with a peace symbol affixed to it because he "wanted people to know that [he] thought America stood for peace." 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. 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." Trial Transcript Vol. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. 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." a statute that required state employees, including teachers, to take a loyalty oath forswearing communism); Fowler v. Bd. One scene involves a bloody battlefield. In my view this case should be decided under the "mixed motive" analysis of Mt. (Education Code 60605.86- . v. Fraser, ___ U.S. ___, 106 S.Ct. Many courts have recognized that a teacher's First Amendment rights encompass the notion of "academic freedom" to exercise professional judgment in selecting topics and materials for use in the course of the educational process. Study with Quizlet and memorize flashcards containing terms like Pickering v. v. Barnette, 319 U.S. 624, 63 S.Ct. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. 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. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. In Minarcini, this court held that this "right to know" was violated by the removal of library books solely on the basis of the social and political tastes of the school board. 1969); Dean v. Timpson Independent School District, 486 F. Supp. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). 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. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression protected by the First Amendment. ." 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." 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 08-10557. 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. 04-3524. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Healthy, 429 U.S. at 282-84, 97 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. at 1182. Sch. 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. 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." of Educ. 2799, 73 L.Ed.2d 435 (1982). However, not every form of conduct is protected by the First Amendment right of free speech. 568, 50 L.Ed.2d 471 (1977). No. Book Board of Education Policies Section 6000 Instruction . Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." Joint Appendix at 83-84. Therefore, I would affirm the judgment of the District Court. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). 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. 106 S.Ct. In addition to the sexual aspects of the movie, there is a great deal of violence. 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. Trial Transcript Vol. Plaintiff Fowler received her termination notice on or about June 19, 1984. 215, 221, 97 L.Ed. Dist. 397 (M.D.Ala. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 487, 78 L.Ed.2d 683 (1983). either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. See 3 Summaries. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. 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." 2537, 91 L.Ed.2d 249 (1986). The case is Fowler vs. Lincoln County Board of Education, 87-657. 1098 (1952). Although Judge Peck's opinion concedes that "the school board clearly expressed displeasure with the anti-establishment focus of the film," he argues nonetheless that the board's "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. That a teacher does have First Amendment protection under certain circumstances cannot be denied. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. 161.790(1)(b) is not unconstitutionally vague. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. Joint Appendix at 137. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. at 2805-06, 2809. Judge H. Ted Milburn said Ms. Fowlers conduct in having the movie shown clearly is not speech in the traditional sense of the expression of ideas through use of the spoken or written word., Milburn said Ms. Fowler did not intend to convey a particular message by showing the film. Id., at 1116. The Court in the recent case of Bethel School Dist. As Corrected November 6, 1986. 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. v. Fraser further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). 1980); Russo v. Central School District No. 2730, because Fowler did not explain the messages contained in the film to the students. 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 present case the district court concluded that Mrs. Fowler was entitled to the protection of the First Amendment while acting as a teacher. at 736-37. 1987). The board then retired into executive session. WASHINGTON (AP) _ The Supreme Court today rejected an appeal by a Kentucky public high school teacher fired for showing her class Pink Floyd - The Wall, an R-rated movie about a troubled rock star. Arnett, 416 U.S. at 161, 94 S.Ct. "Consciously or otherwise, teachers . He expresses the further view that there was "little likelihood that the message would be understood by those who viewed it," id., at 411, 94 S.Ct. Cmty. denied, ___ U.S. ___, 106 S.Ct. Pink Floyd is the name of a popular rock group. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." of Tipp City, No. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. 529, 34 L.Ed.2d 491 (1972). We have viewed the film in conjunction with Fowler's testimony concerning the portions of the film which were edited during the two showings, and we conclude that the district court's findings in this regard are clearly erroneous. the Draft" into a courthouse corridor. Sterling, Ky., F.C. She said the store clerk who rented it to her told her it contained some nudity but also dealt with social issues of importance to teen-agers. 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. Joint Appendix at 132-33. Joint Appendix at 265-89. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. Moreover, in Spence. The school board was also motivated by the poor judgment used by the teacher in not previewing an R-rated film and in the cavalier manner in which she allowed the film to be shown and "edited" by a student. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. FOWLER v. BOARD OF EDUC. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. Joint Appendix at 242-46. In addition to the sexual aspects of the movie, there is a great deal of violence. Another shows the protagonist cutting his chest with a razor. . United States District Court (Columbia), United States District Courts. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. O'Brien, 391 U.S. at 376, 88 S.Ct. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Connect with the definitive source for global and local news. at 1678. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. The plurality opinion of Pico used the Mt. Pucci v. Michigan Supreme Court, Case No. 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". ACCEPT. Lincoln County School Board Healthy, 429 U.S. at 287, 97 S.Ct. But he said the school officials fired Ms. Fowler because they also determined the film was inappropriate for classroom viewing because of its sexual innuendo and sexually explicit material, some profane language, violence and vulgar images.. The lm includes violent School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. There is conflicting testimony as to whether, or how much, nudity was seen by the students. That method was to use sexual innuendo and sexually explicit material, some profane language, violence, and vulgar images, to tell the story of the film. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. Id. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. 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. . See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. District Court Opinion at 23. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. Inescapably, like parents, they are role models." (same); id. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. 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. 2. 403 U.S. at 25, 91 S.Ct. Joint Appendix at 82-83. Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing, There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. of Education. Another scene shows children being fed into a giant sausage machine. One scene involves a bloody battlefield. Healthy City School Dist. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" The basis for this action was that she had an "R" rated movie, Pink Floyd The Wall, shown to her high school students on the last day of the 1983-84 school year. 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.". 3. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Id., at 410, 94 S.Ct. 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. Sec. v. Doyle, 429 U.S. 274, 97 S.Ct. High School (D. . 06-1215(ESH). Subscribers are able to see the revised versions of legislation with amendments. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. tion for showing R-rated films, as evidenced by Fowler v. Board of Education of Lincoln County Kentucky (819 FE 2 d 657 [1987]), Krizeh v. Cicero-Stichley TP. Joint Appendix at 113-14. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. 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. . ), aff'd en banc, 425 F.2d 472 (D.C. Cir. 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. 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. Fowler rented the video tape at a video store in Danville, Kentucky. 352, 356 (M.D.Ala. This segment of the film was shown in the morning session. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Joint Appendix at 127. 777, 780-81, 96 L.Ed. Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. Another scene shows children being fed into a giant sausage machine. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. 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." . Healthy City School Dist. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. There is conflicting testimony as to whether, or how much, nudity was seen by the students. The board viewed the movie once in its entirety and once as it had been edited in the classroom. 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. 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 The more important question is not the motive of the speaker so much as the purpose of the interference. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. at 1788. 161.790(1)(b) is not unconstitutionally vague. I at 101. But a panel of the 6th U.S. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. This lack of love is the figurative "wall" shown in the movie. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. The board then retired into executive session. at 576. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. Plaintiff cross-appeals from the holding that K.R.S. We emphasize that our decision in this case is limited to the peculiar facts before us. Finally, the district court concluded that K.R.S. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. 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. 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. 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. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. of Educ. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Joint Appendix at 321. Id., at 839-40. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. 5//28he tdught high school % "dtin dnd ivics. Plaintiff Fowler received her termination notice on or about June 19, 1984. Opinion. 126, 127, 70 L.Ed. In the present case, it is undisputed that plaintiff's employment was terminated because she had the "R" rated movie shown to her students and because she said she would do it again. 161.790 provides in relevant part: 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). 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. 1633 (opinion of White, J.) Joint Appendix at 120-22. Id., at 1193. [54] JOHN W. PECK, Senior Circuit Judge, concurring. The classroom advocate of public Education can not be denied b ) is not unconstitutionally vague and. Meaning of Ky.Rev.Stat rules ) Inc. and casetext are not a law firm and do not intimate a! 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