There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. Pink Floyd is the name of a popular rock group. 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. at 576. As those cases recognize, the First . 319 U.S. at 632, 63 S.Ct. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. Healthy, 429 U.S. at 287, 97 S.Ct. The two appeals court judges in the majority upheld the firing for different reasons. 568, 50 L.Ed.2d 471 (1977). of Educ. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. 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. Mt. Study with Quizlet and memorize flashcards containing terms like Pickering v. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Bd. at 1594-95. (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. United States Court of Appeals, Sixth Circuit. Joint Appendix at 83, 103, 307. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. I at 101. at 1788. 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. 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 He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 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. Healthy, 429 U.S. at 287, 97 S.Ct. (same); id. . School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 529, 34 L.Ed.2d 491 (1972). The lm includes violent McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. . at 737). at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. Plaintiff cross-appeals on the ground that K.R.S. This segment of the film was shown in the morning session. Plaintiff Fowler received her termination notice on or about June 19, 1984. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. At the administrative hearing, several students testified that they saw no nudity. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . I at 101. at 3165 (emphasis supplied). of Educ. Fowler rented the video tape at a video store in Danville, Kentucky. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . Healthy City School Dist. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 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. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. enjoys First Amendment protection"). She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. The Court in Mt. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Fisher v. Snyder, 476375 (8th Cir. 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. 397 (M.D.Ala. Subscribers are able to see a list of all the cited cases and legislation of a document. Therefore, I would affirm the judgment of the District Court. Subscribers are able to see a visualisation of a case and its relationships to other cases. lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. 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." 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. It is also undisputed that she left the room on several occasions while the film was being shown. 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. Joint Appendix at 242-46. at 3165. of Tipp City, No. Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. at p. 664. Joint Appendix at 82-83. 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. 85-5815, 85-5835. 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. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. 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. 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. Although Judge Peck's opinion concedes that "the school board clearly expressed displeasure with the anti-establishment focus of the film," he argues nonetheless that the board's "objections to the `immoral' content of the film were intertwined with constitutionally permissible objections to the film's above mentioned vulgarity and unsuitability for the student age group. October 16, 1986. at 2730. 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. 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 the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 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. Another scene shows children being fed into a giant sausage machine. Healthy, 429 U.S. at 282-84, 97 S.Ct. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. I believe a teacher should be similarly protected by the First Amendment whether she is participating in an instructional or non-instructional day. Finally, the district court concluded that K.R.S. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. As Corrected November 6, 1986. 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. a statute that required state employees, including teachers, to take a loyalty oath forswearing communism); Fowler v. Bd. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. View Andrew Tony Fowler Full Profile . 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. See also Abood v. Detroit Bd. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. The plurality opinion of Pico used the Mt. Cir. ACCEPT. Joint Appendix at 321. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. "To regard teachers in our entire educational system, from the primary grades to the university as the priests of our democracy is therefore not to indulge in hyperbole." Plaintiff cross-appeals on the ground that K.R.S. 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. 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." 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. One scene involves a bloody battlefield. 1979). Trial Transcript Vol. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. 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. 1969); Dean v. Timpson Independent School District, 486 F. Supp. 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. denied, ___ U.S. ___, 106 S.Ct. 1987 Fowler v. Board of Education of Lincoln County , 819 F.2d 657 (6th Cir.). Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Ephraim, 452 U.S. 61, 101 S.Ct. 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). 161.790(1)(b) is not unconstitutionally vague. Subscribers can access the reported version of this case. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. 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. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. Joint Appendix at 137. Another scene shows children being fed into a giant sausage machine. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Joint Appendix at 83, 103, 307. Joint Appendix at 132-33. 1987). I do not believe an argument based on intertwining can be used to suppress protected speech; vulgarity should not be allowed to subsume that which is protected. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. In order to defend itself against such a claim, the government must establish by a preponderance of the evidence that the decision to terminate would have been made in the absence of the exercise of the constitutionally protected right. 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. 39 Ed. 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 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. Fowler rented the video tape at a video store in Danville, Kentucky. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. Id. 733, 736, 21 L.Ed.2d 731 (1969). 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. In Cohen v. California, 403 U.S. 15, 91 S.Ct. 693, 58 L.Ed.2d 619 (1979); Mt. at 287, 97 S.Ct. In the present case, it is undisputed that Fowler did not see the movie before she had it shown to her class on the morning of May 31, 1984, a noninstructional day. v. Fraser, ___ U.S. ___, 106 S.Ct. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. . 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. 1982) is misplaced. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. 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. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 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. 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. healthy city school district board of education v. doyle, Fowler v. Board of Education of Lincoln County and more. School Dist., 439 U.S. 410, 99 S.Ct. In the process, she abdicated her function as an educator. at 576. 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." 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 also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. This lack of love is the figurative "wall" shown in the movie. As the District Court correctly found, the school board in this case had to negate the testimony of its own members that the determinative causative factor in Mrs. Fowler's discharge was her decision to allow "antieducation, antifamily, antijudiciary, and antipolice" views to be expressed in her classroom. 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. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. Id. 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." Arnett, 416 U.S. at 161, 94 S.Ct. Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing attempt was not sufficient to preclude the students from seeing the nudity. Healthy City School Dist. v. Doyle, 429 U.S. 274, 97 S.Ct. 2799, 73 L.Ed.2d 435 (1982). 1, 469 F.2d 623 (2d Cir. Id., at 840. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. 1968), modified, 425 F.2d 469 (D.C. 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." v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. Sec. Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. Plaintiff Fowler received her termination notice on or about June 19, 1984. 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. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. denied, 430 U.S. 931, 97 S.Ct. . District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information Andrew Tony Fowler Overview. Opinion of Judge Peck at p. 668. O'Brien, 391 U.S. at 376, 88 S.Ct. 1178, 1183, 87 L.Ed. Id., at 1194. 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." 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. 161.790(1)(b), which proscribes "conduct unbecoming a teacher," is unconstitutionally vague as applied to her because the statute failed to give notice that her conduct would result in discipline. 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 from the holding that K.R.S. Joint Appendix at 113-14. 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. 6th Circuit. Board of Education, mt. 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. 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. 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. 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. 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." Summary of this case from Fowler v. Board of Education of Lincoln County. at 2730. 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. We emphasize that our decision in this case is limited to the peculiar facts before us. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 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. Id., at 839. 08-10557. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 487, 78 L.Ed.2d 683 (1983). The school board was also motivated by the poor judgment used by the teacher in not previewing an R-rated film and in the cavalier manner in which she allowed the film to be shown and "edited" by a student. 2727, 2730, 41 L.Ed.2d 842 (1974). 322 (1926). District Court Opinion at 23. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. Joint Appendix at 120-22. Having considered the entire record, including the viewing of the movie, which we describe as gross and bizarre and containing material completely unsuitable for viewing by a classroom of students aged fourteen to seventeen, we conclude that such conduct falls within the concept of conduct unbecoming a teacher under Kentucky law. 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. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression protected by the First Amendment. Trial Transcript Vol. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. 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 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. 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