Subscribers are able to see any amendments made to the case. Healthy City School Dist. Id., at 840. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Joint Appendix at 129-30. 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. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. 126, 127, 70 L.Ed. 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". Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. 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. Fraser, 106 S.Ct. October 16, 1986. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. (same); Fowler v. Board of Educ. 1986). 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). View Andrew Tony Fowler Full Profile . 568, 50 L.Ed.2d 471 (1977). Another shows the protagonist cutting his chest with a razor. To the extent that the district court's finding of fact number 34 may be interpreted as a finding that the defendants objected to the film only on an ideological level, the finding is clearly erroneous. denied, 464 U.S. 993, 104 S.Ct. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 12 (Board) to dismiss her from her teaching position on the grounds of immorality. 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. The Sixth Circuit and neighboring sister circuits have provided this Court with a comprehensive analytic, The court thus held that Boring's mere "implicit approval" of the ideas in the play "was not expressive, Full title:JACQUELINE FOWLER, PLAINTIFF-APPELLEE, CROSS-APPELLANT, v. THE BOARD OF, Court:United States Court of Appeals, Sixth Circuit, 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. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Plaintiff cross-appeals from the holding that K.R.S. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. This lack of love is the figurative "wall" shown in the movie. Id. Id., at 863-69, 102 S.Ct. 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 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. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. 568, 50 L.Ed.2d 471 (1977). Finally, the district court concluded that K.R.S. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 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." . 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. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. at 736-37. v. Fraser, ___ U.S. ___, 106 S.Ct. 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. 403 U.S. at 25, 91 S.Ct. Healthy. Fraser, 106 S.Ct. ." 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. at 2806-09. Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 3159, 3164, 92 L.Ed.2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 99 S.Ct. Healthy, 429 U.S. at 282-84, 97 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." 777, 780-81, 96 L.Ed. Even when the actor does intend to communicate a message by his conduct, a governmental interest in regulating the nonspeech aspect of such conduct may justify incidental restrictions on the speech aspect as well. Plaintiff cross-appeals on the ground that K.R.S. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 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. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. Joint Appendix at 120-22. Having considered the entire record, including the viewing of the movie, and in holding that the district court's findings of fact are clearly erroneous, we are left with a "definite and firm conviction that . 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. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. 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. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. Joint Appendix at 291. 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. . School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Dist. at 576. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. 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. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. 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." . What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. 26 v. Pico, 457 U.S. 853, 102 S.Ct. See also Abood v. Detroit Bd. Joint Appendix at 127. She has lived in the Fowler Elementary School District for the past 22 years. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. 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. 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. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 2730 (citation omitted). demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. Another scene shows children being fed into a giant sausage machine. They also found the movie objectionable because of its sexual content, vulgar language, and violence. 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. at 1594-95. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: 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. She stated that she did not at any time discuss the movie with her students because she did not have enough time. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. They also found the movie objectionable because of its sexual content, vulgar language, and violence. 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. of Educ., 431 U.S. 209, 231, 97 S.Ct. v. Barnette, 319 U.S. 624, 63 S.Ct. VLEX uses login cookies to provide you with a better browsing experience. See also James, 461 F.2d at 568-69. That a teacher does have First Amendment protection under certain circumstances cannot be denied. 2730, because Fowler did not explain the messages contained in the film to the students. 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. . at 307; Parducci v. Rutland, 316 F. Supp. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. 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. Arnett, 416 U.S. at 161, 94 S.Ct. 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. 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, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. Therefore, I would affirm the judgment of the District Court. This segment of the film was shown in the morning session. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. 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. It is also undisputed that she left the room on several occasions while the film was being shown. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. The board then retired into executive session. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). at 2730. 393 U.S. at 505-08, 89 S.Ct. Lincoln County School Board McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. Summary of this case from Fowler v. Board of Education of Lincoln County. 06-1215(ESH). . This court, in my opinion, should not offer an advisory opinion as to what constitutes an intent to communicate and how much knowledge of the content of a presentation is needed before it can be embraced as one's own expression. 1979). "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Sterling, Ky., for defendants-appellants, cross-appellees. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. "Consciously or otherwise, teachers . On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 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. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. When Fowler had the movie shown on the morning of May 31, 1984, she instructed Charles Bailey, the fifteen-year-old student who had seen the movie, to edit out any parts that were unsuitable for viewing at school. The vagueness doctrine requires that a statute proscribing certain conduct must be drafted "with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. Healthy City School Dist. Id. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. Make your practice more effective and efficient with Casetexts legal research suite. Plaintiff cross-appeals from the holding that K.R.S. 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. Id. at 3165. Evans-Marshall v. Board of Educ. Decided: October 31, 1996 at 576. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. Id., at 410, 94 S.Ct. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. (same); id. The fundamental principles of due process are violated only when "a statute . Id., at 583. Judge Milburn does not inquire into the motivation of the school board but rather bases his decision on the fact that Ms. Fowler's action in showing the film to her classes was not conduct protected by the First Amendment. 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. 3. 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). This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 319 U.S. at 632, 63 S.Ct. Sec. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Board of Education (SBE) to be aligned with those standards. She testified that she would show an edited. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. The students had asked to see the film. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. 08-10557. Whether a certain activity is entitled to protection under the First Amendment is a question of law. 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. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 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. 1098 (1952). 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. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. Finally, the district court concluded that K.R.S. Moreover, in Spence. Fowler rented the video tape at a video store in Danville, Kentucky. 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." 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 v. BOARD OF EDUC. 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." 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. at 2730. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Joint Appendix at 137. 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. In the process, she abdicated her function as an educator. Plaintiff Fowler received her termination notice on or about June 19, 1984. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Joint Appendix at 83-84. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. 736; James, 461 F.2d at 571. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. 397 (M.D.Ala. Stephen Fowler/Georgia Public Broadcasting As a half-dozen voting rights advocates filed into the Lincoln County Board of Elections to deliver a petition that temporarily halted plans to. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Joint Appendix at 242-46. 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. In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." Joint Appendix at 83, 103, 307. In my view, both of the cases cited by the dissent are inapposite. re-employment even in the absence of the protected conduct." He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. I at 101. of Lincoln Cty .. 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. 161.790(1)(b). Bd. Cmty. Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Under the Mt. 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. Joint Appendix at 127. 04-3524. Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. 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. One student testified that she saw "glimpses" of nudity, but "nothing really offending." 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. Id., at 1116. United States District Court (Columbia), United States District Courts. In addition to the sexual aspects of the movie, there is a great deal of violence. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. Joint Appendix at 265-89. (Education Code 60605.86- . Study with Quizlet and memorize flashcards containing terms like Pickering v. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. 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. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. Because some parts of the film are animated, they are susceptible to varying interpretations. Subscribers can access the reported version of this case. 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. Sec.

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