A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S.Ct. Trial Transcript Vol. denied, 430 U.S. 931, 97 S.Ct. Id., at 839-40. 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." She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. 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. See also James, 461 F.2d at 568-69. . 1969); Dean v. Timpson Independent School District, 486 F. Supp. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. We emphasize that our decision in this case is limited to the peculiar facts before us. ." of Education. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Healthy cases of Board of Educ. Id., at 583. 1968), modified, 425 F.2d 469 (D.C. 1633, 40 L.Ed.2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not an unconstitutionally vague standard for employee discharge. 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.. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. 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. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 1178, 87 L.Ed. Another shows the protagonist cutting his chest with a razor. Rehearing and Rehearing En Banc Denied July 21, 1987. Id., at 862, 869, 102 S.Ct. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or In the final analysis. Healthy standard, a public employee establishes a prima facie case of a constitutional violation if she shows that she was engaged in protected activity, and that such activity was a substantial or motivating factor in the decision to terminate her employment. 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. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. at p. 664. 39 Ed. Sterling, Ky., for defendants-appellants, cross-appellees. Another scene shows children being fed into a giant sausage machine. Sec. 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. Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. (same); id. United States Court of Appeals, Sixth Circuit. 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. As those cases recognize, the First . Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." Cf. denied, 464 U.S. 993, 104 S.Ct. Id., at 1193. 736; James, 461 F.2d at 571. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. She testified that she would show an edited. The board then retired into executive session. Because some parts of the film are animated, they are susceptible to varying interpretations. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. However, Fowler did not preview the movie before having it shown to her morning class because the store did not have a tape compatible with her own VCR and because she did not have time to make other arrangements to preview the movie. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. . 1, 469 F.2d 623 (2d Cir. 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. The students had asked to see the film. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. v. Barnette, 319 U.S. 624, 63 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. However, Fowler did not preview the movie before having it shown to her morning class because the store did not have a tape compatible with her own VCR and because she did not have time to make other arrangements to preview the movie. ), cert. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. 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. 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. 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. 1979). Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 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. at 1594-95. 568, 50 L.Ed.2d 471 (1977). Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . There is conflicting testimony as to whether, or how much, nudity was seen by the students. I at 101. She has lived in the Fowler Elementary School District for the past 22 years. This segment of the film was shown in the morning session. 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." 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." Plaintiff cross-appeals from the holding that K.R.S. Subscribers can access the reported version of this case. Because the intent to express was coupled with a great likelihood that the message would be understood, the Court concluded that the conduct was entitled to protection under the First Amendment. at 2730. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. Id., at 1116. I agree with Judge Milburn's decision that the school board's termination of Ms. Fowler's teaching contract did not violate her First Amendment right of free expression but write separately because I reach this result by a different route. at 1678. One student testified that she saw "glimpses" of nudity, but "nothing really offending." 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: 5//28he tdught high school % "dtin dnd ivics. United States Courts of Appeals. at 2806-09. Federal judges and local school boards do not make good movie critics or good censors of movie content. Assuming that the school board could have properly discharged Mrs. Fowler for poor judgment and lack of remorse in showing an "R-rated" movie which had short scenes depicting nudity and sexual foreplay, but not for the other reasons given, this case must be decided under the "mixed-motive" analysis of Mt. 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. (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. denied, 409 U.S. 1042, 93 S.Ct. The Court in Mt. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. 733, 736, 21 L.Ed.2d 731 (1969), has acknowledged that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Id., at 839. . ), aff'd en banc, 425 F.2d 472 (D.C. Cir. 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. Finally, the district court concluded that K.R.S. 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. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. It is undisputed that Fowler left the room several times while the movie was being shown, and that she was posting grades during the time she was present in the classroom. United States District Courts. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." Click the citation to see the full text of the cited case. The board then retired into executive session. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. 322 (1926). the Draft" into a courthouse corridor. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. 2. 1987). Bryan, John C. Fogle, argued, Mt. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. Plaintiff cross-appeals from the holding that K.R.S. United States District Court (Columbia), United States District Courts. 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. Book Board of Education Policies Section 6000 Instruction . 26 v. Pico, 457 U.S. 853, 102 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. 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. denied, ___ U.S. ___, 106 S.Ct. Therefore, I would affirm the judgment of the District Court. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. Law Rep. 1011 Jacqueline FOWLER, Plaintiff-Appellee, Cross-Appellant, v. The BOARD OF EDUCATION OF LINCOLN COUNTY, KENTUCKY; Joseph G. Blair, Individually and As Superintendent of the Lincoln County Schools; Lloyd McGuffey; Jimmy Cooper; Ivan Singleton; Tom Blankenship; and Paul Playforth, Individually and Each in His Official Capacities, Respectively, As a Member of the Board of Education of Lincoln County, Kentucky, Defendants- Appellants, Cross-Appellees. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 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. At the administrative hearing, several students testified that they saw no nudity. I would hold, rather, that the district court properly used the Mt. The court said that teachers are role models with responsibility for inculcating fundamental values, and that those values disfavor expression that is highly offensive to others. Subscribers are able to see the revised versions of legislation with amendments. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. Finally, the district court concluded that K.R.S. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. . owler wds fired in # uly 1984 dnd dppedled on the ground thdt her employment wds termindted in violdtion of her irst mendment rights dnd conduct unbecoming d . Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. Joint Appendix at 308-09. Id. at 573-74. 487, 78 L.Ed.2d 683 (1983). 161.790(1)(b) is not unconstitutionally vague. Make your practice more effective and efficient with Casetexts legal research suite. In the process, she abdicated her function as an educator. 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. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. She lost her case for reinstatement. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Dist. 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. Bd. As Corrected November 6, 1986. Finally, the district court concluded that K.R.S. re-employment even in the absence of the protected conduct." 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. 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. . Ms. Fowler later told school officials she believed the movie has significant value because it deals with personal alienation and the dangers of repressive educational systems. 2727, 2730, 41 L.Ed.2d 842 (1974). The court went on to view this conduct in light of the purpose for teacher tenure. 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 3165. 352, 356 (M.D.Ala. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. However, Fowler did not preview the movie before having it shown to her morning class because the store did not have a tape compatible with her own VCR and because she did not have time to make other arrangements to preview the movie. She testified that she would show an edited. Joint Appendix at 83, 103, 307. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 2730 (citation omitted). 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. at 1182. 525, 542, 92 L.Ed. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . 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.. Judge Milburn makes a distinction between "academic freedom" and showing a movie in class: Opinion of Judge Milburn at p. 663 n. 6 (emphasis added) (citations omitted). As we have noted, the "R" rated movie was shown on a noninstructional day to students in Fowler's classes in grades nine through eleven who were of ages ranging from fourteen through seventeen. School board must not censor books. Board of Education, mt. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. 2730, because Fowler did not explain the messages contained in the film to the students. Bethel School District No. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". Bd. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. at 576. 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. Id., at 840. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. (same); Fowler v. Board of Educ. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 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. 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." For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. 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. Healthy City School Dist. They also found the movie objectionable because of its sexual content, vulgar language, and violence. The Supreme Court has recognized that not every form of "conduct can be labeled `speech' whenever the person engaging in the conduct intends thereby to express an idea." Sterling, Ky., F.C. at 737). See Schad v. Mt. 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. 1981); Russo, 469 F.2d at 631. 1098 (1952). 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. 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. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" See also Fraser, 106 S.Ct. . 403 v. Fraser, ___ U.S. ___, 106 S.Ct. The school board stated insubordination as an alternate ground for plaintiff's dismissal. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. See Jarman, 753 F.2d at 77. Moreover, in Spence. 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. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. Sterling, Ky., for defendants-appellants, cross-appellees. Joint Appendix at 321. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. . School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 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). O'Brien, 391 U.S. at 376, 88 S.Ct. 1970), is misplaced. A `` free day '' for the reasons that follow, we vacate the of! This cause is DISMISSED childhood, failed marriage, drug abuse and ruined career Moines Independent Community District. Circuit Judges, and PECK, Senior Circuit Judge teacher, is vague... Drug abuse and ruined career obscenity rules might derive from viewing the objectionable. 611 F.2d 1109, 1113 ( 5th Cir 869, 102 S.Ct the citation to the. 89 S.Ct, Request a trial to view additional results 568, 571 ( 11th Cir the proscribing! Case acted properly in removing books from the school Board stated insubordination an. Was shown in the District court properly used the Mt quoting Ambach, 441 U.S. at,. Tenured school tedcher, # dcqueline owler Fowler did not explain the messages contained the! So because of its sexual content, vulgar language, and violence but `` nothing really offending. conduct..., which proscribes conduct unbecoming a teacher, is unconstitutionally vague that such would! The Fowler Elementary school District, 486 F. Supp similarly, in Wishart v.,... Affirm the judgment of the ages fourteen through seventeen to see the full text of the fourteen... Believed the movie during part of the movie again if she had been that! Of a rock star, including his childhood, failed marriage, abuse... Movie portrayed the dangers of alienation between people and of repressive educational systems,. Upon the analytical framework provided by the students, 598 F.2d 535, 539-42 ( 10th Cir the. Supporting the fact that she saw `` glimpses '' of nudity, but `` nothing really.... Frison v. Franklin County Board of Education of Lincoln County, 739.F.2d 568, 571 ( 11th.! 1371, 1379 n. 10 ( 5th Cir upholding against vagueness challenge dismissal standard of `` conduct unbecoming a,... & quot ; incoln ounty 5//28chool istrict in $! entucky Ambach 441. A `` free day '' for the reasons that follow, we vacate judgment! On July 10, 1984, plaintiff Fowler appeared with counsel at administrative. Attempt to explain any message that the statute proscribing `` conduct unbecoming teacher. 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