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 . Id., at 840. Because some parts of the film are animated, they are susceptible to varying interpretations. One student testified that she saw "glimpses" of nudity, but "nothing really offending. Because some parts of the film are animated, they are susceptible to varying interpretations. 161.790(1)(b) is not unconstitutionally vague. Ephraim, 452 U.S. 61, 101 S.Ct. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. 1628 (1943) (flag salute), are inapposite because they involve examples of symbolic expression, not verbal communication, and articulate guidelines for determining what symbolic acts may constitute expression. (same); id. Joint Appendix at 129-30. Under the Mt. The board then retired into executive session. v. Fraser, ___ U.S. ___, 106 S.Ct. 2730, because Fowler did not explain the messages contained in the film to the students. 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. Joint Appendix at 321. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. 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. She has lived in the Fowler Elementary School District for the past 22 years. of Educ. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. 393 U.S. at 505-08, 89 S.Ct. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. at 576. Following her termination, plaintiff Fowler initiated her action in the district court alleging that her First and Fourteenth Amendment rights were violated by her discharge, and that the Kentucky statutes forming the basis for her discharge were unconstitutionally vague or overbroad. of Tipp City, No. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Healthy standard to decide whether Ms. Fowler's discharge violated the First Amendment, but erred in its finding that, but for Ms. Fowler's constitutionally protected activity of communicating various ideas and political thoughts to her students, she would not have been fired. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. . 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." Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 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. 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. It is also undisputed that she left the room on several occasions while the film was being shown. 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. 529, 34 L.Ed.2d 491 (1972). She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. The Mt. 418 U.S. at 409, 94 S.Ct. In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. 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." 1117 (1931) (display of red flag is expressive conduct). 26 v. Pico, 457 U.S. 853, 102 S.Ct. Pink Floyd is the name of a popular rock group. Joint Appendix at 265-89. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. 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 1178, 1183, 87 L.Ed. 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. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. You also get a useful overview of how the case was received. 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. This segment of the film was shown in the morning session. 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. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 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." at 3165. Pucci v. Michigan Supreme Court, Case No. But a panel of the 6th U.S. Joint Appendix at 82-83. Healthy, 429 U.S. at 287, 97 S.Ct. Board of Education, mt. She testified that she would show an edited. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Board of Education (SBE) to be aligned with those standards. 525, 542, 92 L.Ed. at 576. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. Bethel School District No. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. 1976) (finding no constitutional violation in the Board's exercise of curriculum and textbook control, while, at the same time, determining that the Board had wrongly removed books from the library). That a teacher does have First Amendment protection under certain circumstances cannot be denied. at 2805-06, 2809. One student testified that she saw "glimpses" of nudity, but "nothing really offending." She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Id. Joint Appendix at 137. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. Id., at 410, 94 S.Ct. Opinion. Subscribers are able to see any amendments made to the case. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. . Fraser, 106 S.Ct. Andrew Tony Fowler Overview. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. 2799, 73 L.Ed.2d 435 (1982). Plaintiff cross-appeals on the ground that K.R.S. FRANKLIN COUNTY BOARD OF EDUCATION. Mrs. Fowler proved at trial, as Judge Milburn says at page 660 of his opinion, that she was discharged because the board members regarded the movie as "immoral, antieducation, antifamily, antijudiciary, and antipolice." Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. 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. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." Sterling, Ky., for defendants-appellants, cross-appellees. 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. 12 (Board) to dismiss her from her teaching position on the grounds of immorality. Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). Sec. at 1678. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. The dissent relies upon Schad v. Mt. While this is a general principle of law espoused by the Supreme Court on several occasions, the Court has also indicated that in determining whether a given type of entertainment is protected by the First Amendment, it will look to the kind of entertainment involved and the appropriateness of the entertainment under the circumstances such as the time and place where offered. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. 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. 3. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. Joint Appendix at 83-84. Joint Appendix at 132-33. 3159, 92 L.Ed.2d 549 (1986). 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. . 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. 106 S.Ct. 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." High School (D. . Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. at 3165 (emphasis supplied). -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. In addition to the sexual aspects of the movie, there is a great deal of violence. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Healthy. Spence, 418 U.S. at 410, 94 S.Ct. 1987). I would hold, rather, that the district court properly used the Mt. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information Another shows the protagonist cutting his chest with a razor. 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. lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. 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. 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.. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. In addition to the sexual aspects of the movie, there is a great deal of violence. 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). 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. 1984). The board then retired into executive session. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 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. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. I believe a teacher should be similarly protected by the First Amendment whether she is participating in an instructional or non-instructional day. Id., at 862, 869, 102 S.Ct. District Court Opinion at 6. . It is speculation to say how much the school board was swayed by the fact that Ms. Fowler did not exhibit second thoughts on having shown the film, and not only did not see the "error of her ways" but said that she would show the film again if given the opportunity. I would suggest that the rationale underlying Spence v. Washington (display of flag with peace symbol attached) and other cases cited by Judge Milburn, e.g., Brown v. Louisiana, 383 U.S. 131, 86 S.Ct. One particularly controversial segment of scenes is animated in which flowers appear on the screen, are transformed into the shape of male and female sex organs and then engage in an act of intercourse. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. 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. 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. 302, 307 (E.D.Tex. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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." Joint Appendix at 120-22. 1953, 1957, 32 L.Ed.2d 584 (1972). The more important question is not the motive of the speaker so much as the purpose of the interference. The plurality opinion of Pico used the Mt. The mere fact that at some point she may have developed an approval of the content of the movie is not, standing alone, a sufficient basis for the conclusion that her conduct in having the movie shown was a form of expression entitled to protection under the First Amendment. 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. Joint Appendix at 265-89. of Lincoln Cty .. Id., at 839. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. This lack of love is the figurative "wall" shown in the movie. 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. 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. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". United States District Court (Columbia), United States District Courts. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 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 82-83. They also found the movie objectionable because of its sexual content, vulgar language, and violence. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. . Plaintiff cross-appeals from the holding that K.R.S. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. Lincoln County School Board Joint Appendix at 321. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Bd. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. In my view this case should be decided under the "mixed motive" analysis of Mt. Dist. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. 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. Joint Appendix at 114, 186-87. at 307; Parducci v. Rutland, 316 F. Supp. 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. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. 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 1782, 1797, 52 L.Ed.2d 261 (1977) ("But our cases have never suggested that expression about philosophical, social, artistic, economic, literary, or ethical matters to take a nonexhaustive list of labels is not entitled to full First Amendment protection."). See Schad v. Mt. 1504, 1512-13, 84 L.Ed.2d 518 (1985). denied, 411 U.S. 932, 93 S.Ct. 06-1215(ESH). ), cert. Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. Cf. United States Courts of Appeals. Sec. 1969)). Mt. 215, 221, 97 L.Ed. Trial Transcript Vol. at 576. "Consciously or otherwise, teachers . 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. 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. v. Barnette, 319 U.S. 624, 63 S.Ct. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. 1972), cert. Joint Appendix at 291. Fowler rented the video tape at a video store in Danville, Kentucky. 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. 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.. at 1182. Sec. Subscribers are able to see a list of all the cited cases and legislation of a document. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. 95-2593. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. 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 736; James, 461 F.2d at 571. However, not every form of conduct is protected by the First Amendment right of free speech. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. 161.790(1)(b) is not unconstitutionally vague. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. 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. 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. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. 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. 568, 50 L.Ed.2d 471 (1977). On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. at 2810. 3159, 3164, 92 L.Ed.2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 99 S.Ct. at 2730. The court noted that "[t]he evidence indicates that there was serious misconduct of an immoral and criminal nature and a direct connection between the misconduct and the teachers' work." 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. 77-78 ( 8th Cir the opportunity to explain it to the sexual content, vulgar language, and violence denied... 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