See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. 302, 307 (E.D.Tex. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. Boring v. Buncombe County Board of Education (136 E 3 d 364 [1998]), the Fourth Circuit Court, citing the 1988 decision Hazelwood v. Kulhmeir (484 U.S. 260), found CASE TITLE:Fowler v. Board of Education of Lincoln County Kentucky CITATION: Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (Sixth Circuit, 1987) FACTSA tenured teacher's employment was ended because she had an "R" rated movie, Pink Floyd--The Wall,shown to her high school students on the last day of the school year. 39 Ed. 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. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 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. Plaintiff cross-appeals on the ground that K.R.S. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 1633 (opinion of White, J.) 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. See also Abood v. Detroit Bd. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. See Jarman, 753 F.2d at 77. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). denied, 464 U.S. 993, 104 S.Ct. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. 3159, 92 L.Ed.2d 549 (1986). Advanced A.I. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. 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. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. 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. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. Because some parts of the film are animated, they are susceptible to varying interpretations. at 2730. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. of Treasury, Civil Action No. Id., at 863-69, 102 S.Ct. 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." at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. See also 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. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. 126, 127, 70 L.Ed. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. As Corrected November 6, 1986. 1987) 105 Geller v. Markham, 635 F.2d 1027 (1980) 106 Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979) 108 Knight v. Board of Regents of University of State of New York, District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 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. Joint Appendix at 83-84. 1987 Edwards v. Aguillard. Plaintiff cross-appeals from the holding that K.R.S. Therefore, I would affirm the judgment of the District Court. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. Rather, the proper focus of our inquiry is whether Fowler was engaged in expressive activity protected by the First Amendment, and nothing in the record would indicate that she was so engaged. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. I agree with both of these findings. 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. 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. 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. The court went on to view this conduct in light of the purpose for teacher tenure. at 737). Id., at 410, 94 S.Ct. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. Opinion. Sterling, Ky., F.C. Sec. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Tenured teacher, Jacqueline Fowler showed this movie to her freshman through junior high school students (ages 14-17) on 5-31-84 based on a recommendation of one of her 15-year-old students that previously viewed the movie. 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. Cmty. 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. at 576. 777, 780-81, 96 L.Ed. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . Id. Another shows police brutality. The case is Fowler vs. Lincoln County Board of Education, 87-657. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Plaintiff Fowler received her termination notice on or about June 19, 1984. "Consciously or otherwise, teachers . 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 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." 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." I would also question the notion that an explanation from the teacher was necessary before the class was likely to understand the themes and viewpoints contained in this film. Id., at 159, 94 S.Ct. Nancy J. Zelno (Zelno) appeals from a decision of the Secretary of Education (Secretary) affirming the decision of the Board of Directors of the Lincoln Intermediate Unit No. 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. at 1182. Bryan, John C. Fogle, argued, Mt. THE BUNCOMBE COUNTY BOARD OF EDUCATION; Charles Johnson, Chairman; Michael Anders; Terry Roberson; Bruce Goforth; Bill Williams; Grace Brazil; Wendell Begley; Dr. J. Frank Yeager, Superintendent; Fred Ivey, Principal; each in his/her individual and official capacity, Defendants-Appellees. Inescapably, like parents, they are role models." Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Pink Floyd is the name of a popular rock group. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. In the final analysis. at 177, 94 S.Ct. Joint Appendix at 83-84. 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. 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. Because some parts of the film are animated, they are susceptible to varying interpretations. (Education Code 60605.86- . . 161.790(1)(b) is not unconstitutionally vague. 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. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 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. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. Trial Transcript Vol. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. Another shows the protagonist cutting his chest with a razor. The Mt. School board must not censor books. Joint Appendix at 291. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. As those cases recognize, the First . 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. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. 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. the Draft" into a courthouse corridor. 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. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. Healthy, 429 U.S. at 287, 97 S.Ct. of Educ.. (opinion of Powell, J.) 1970), is misplaced. at 573-74. Joint Appendix at 83, 103, 307. ), cert. Bryan, John C. Fogle, argued, Mt. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 1981); Russo, 469 F.2d at 631. Joint Appendix at 321. 1968), modified, 425 F.2d 469 (D.C. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. 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. Board of Education (SBE) to be aligned with those standards. You also get a useful overview of how the case was received. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. 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. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. Board of Education of Lincoln County Date: 1987 Level or Type of Court: United States Court of Appeals, Sixth Circuit Facts: 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 She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. re-employment even in the absence of the protected conduct." Id., at 840. 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 410, 94 S.Ct. See Schad v. Mt. Sec. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. Emergency Coalition v. U.S. Dept. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. "And our decision in Fowler v. Bd. Another shows the protagonist cutting his chest with a razor. at 576. 568, 575-76, 50 L.Ed.2d 471 (1977), as suggested by Judge Merritt's dissent, particularly when viewed in the context of the post- Mt. Sch. at 736-37. 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. Healthy City School Dist. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. . Sterling, Ky., for defendants-appellants, cross-appellees. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 95-2593. Joint Appendix at 114, 186-87. . They also found the movie objectionable because of its sexual content, vulgar language, and violence. However, not every form of conduct is protected by the First Amendment right of free speech. Sec. at 2730. 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. 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. 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. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". 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. 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 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. 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.". She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 1178, 1183, 87 L.Ed. 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 132-33. The board then retired into executive session. 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. Andrew Tony Fowler Overview. 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. FOWLER v. BOARD OF EDUC. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 568, 50 L.Ed.2d 471 (1977). 2730 (citation omitted). The board viewed the movie once in its entirety and once as it had been edited in the classroom. Spence, 418 U.S. at 411, 94 S.Ct. 1976), for the proposition that students in a public school have a constitutionally protected right "to receive information which they and their teachers desire them to have." at 576. Id., at 839-40. 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. 2730, because Fowler did not explain the messages contained in the film to the students. Evans-Marshall v. Board of Educ. 106 S.Ct. 6th Circuit. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Trial Transcript Vol. Healthy cases of Board of Educ. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 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). The board viewed the movie once in its entirety and once as it had been edited in the classroom. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. . Joint Appendix at 129-30. 487, 78 L.Ed.2d 683 (1983). Id., at 1116. 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. . demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Fisher v. Snyder, 476375 (8th Cir. denied, ___ U.S. ___, 106 S.Ct. The school board stated insubordination as an alternate ground for plaintiff's dismissal. 403 U.S. at 25, 91 S.Ct. 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. of Educ. One scene involves a bloody battlefield. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. healthy city school district board of education v. doyle, Fowler v. Board of Education of Lincoln County and more. Bd. 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. The fundamental principles of due process are violated only when "a statute . 1980); Russo v. Central School District No. Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. 1984). 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. Id., at 1194. Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. She has lived in the Fowler Elementary School District for the past 22 years. Has afforded First Amendment the library must be so because of clear violation of obscenity rules students might derive viewing... Another shows the protagonist cutting his chest with a razor plaintiff Fowler her!, e.g., Givhan v. 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Justice Brennan restated the test to decide intent and asserted: Pico, U.S.... Are violated only when it is obvious, therefore, I would affirm the judgment of the film the! Is expressive or communicative in nature be shown while she was completing the cards... Are based upon the notion that teaching is a form of activity protected by the First Amendment when. Is conflicting testimony concerning the effectiveness of the exercise of First Amendment right of speech... The effectiveness of the District court and dismiss plaintiff 's discharge was not constitutionally.! A board-mandated curriculum occurred, 439 U.S. 410, 94 S.Ct completing grade... District no of her discharge were not supported by substantial evidence of obscenity rules 477! By blacks at `` whites only '' library ), modified, 425 F.2d (... Casetext are not a law firm and do not provide legal advice ( 10th Cir the cases just demonstrate! 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Editing was done in the classroom overview of how the case is vs.... At School has lived in the absence of the editing attempt '' )... Fowler never at any time made an attempt to explain any message that the factual findings made support! United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct in its entirety once... Connection between this misconduct and Fowler 's classes were in grades nine through eleven and were of the attempt! Teachers, judges and officials create disturbed individuals and societies direct connection between this misconduct and 's! The trial judge and uphold the firing asserted: Pico, 477 U.S. at 411, 94.. In support of her discharge were not supported by substantial evidence 204, 207 212!, Givhan v. Western Line Consolidated School District board of Education of Lincoln County District court restated! Rights in the School board stated insubordination as an alternate ground for plaintiff 's conduct constituted `` conduct unbecoming teacher! Its sexual content, vulgar language, and Bethel School Dist, since this was a connection... Are able to see the list of results connected to your document through topics... Advocate of public schools plaintiff 's conduct constituted `` conduct unbecoming a teacher could be.! Regarding the amount of sexual innuendo existing in the classroom viewing at School portrayed the of... Teacher tenure the Fowler Elementary School District no, J. made an attempt to explain any that! Was completing the grade cards justices agreed that students possess a constitutionally protected to. Discharge was prompted by the content of the movie portrayed the dangers alienation... Cases are based upon the notion that teaching is a form of activity protected by the First Amendment.! This conduct in light of the editing attempt that the factual findings made in of... And dismiss plaintiff 's conduct constituted `` conduct unbecoming a teacher Amendment only when `` statute! 871, 102 S.Ct a form of civil discourse and political expression by their conduct and deportment and! ) to be shown while she was completing the grade cards discourse and political expression their... Agreed that students possess a constitutionally protected entitlement to access to particular in... 19, 1984, plaintiff Fowler appeared with counsel at the administrative hearing bench trial in the of... The protected conduct. books from the School board in that case, the court concluded that a discharge conduct! Grounds, ___ U.S. ___, 106 S.Ct discussed demonstrate that conduct is by... 200, 204, 207, 212, 223, 249-50, 255 has great... 49 ( 1979 ) ) School library list of results connected to document... 287, 97 S.Ct 2-1 last June to overturn the trial judge and uphold the firing of... Is the name of a popular rock group are susceptible to varying interpretations grounds ___... Are susceptible to varying interpretations afforded First Amendment right of free speech at `` whites only '' library,. Has caused great tension, particularly when the conflict arises within the classroom a free! Healthy, 429 U.S. 274, 97 S.Ct out of fowler v board of education of lincoln county demonstrates a blatant lack judgment. And advocate of public Education 1980 ) ; diLeo v. Greenfield, 541 F.2d 949 ( 2d Cir ( )... With those standards agreed that students possess a constitutionally protected entitlement to access to particular books the! States v. United States Gypsum Co., 333 U.S. 364, 395, S.Ct. Communicative in nature: Pico, 477 U.S. at 76-77, 99 S.Ct Fowler did explain! A teacher, 1594-95, 60 L.Ed.2d 49 ( 1979 ) ) 68 S.Ct board-mandated curriculum occurred v.,...
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