Joint Appendix at 113-14. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. This lack of love is the figurative "wall" shown in the movie. 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. 161.790(1)(b). 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 132-33. 1969); Dean v. Timpson Independent School District, 486 F. Supp. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Another scene shows children being fed into a giant sausage machine. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. at 1594-95. Board of Education (SBE) to be aligned with those standards. at 2810. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. Subscribers are able to see a visualisation of a case and its relationships to other cases. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. . The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. . v. Fraser, ___ U.S. ___, 106 S.Ct. Where a plaintiff can show that her constitutionally-protected conduct was a "substantial" or "motivating" factor in the discharge decision, the employer must prove "by a preponderance of the evidence that it would have reached the same decision as to . 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." 1986). See also Fraser, 106 S.Ct. 1979). 12 (Board) to dismiss her from her teaching position on the grounds of immorality. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 215, 221, 97 L.Ed. 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 . at 307; Parducci v. Rutland, 316 F. Supp. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). 1504, 1512-13, 84 L.Ed.2d 518 (1985). The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. . Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. 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. 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.. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 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. Ephraim, 452 U.S. 61, 101 S.Ct. Cf. 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 City School Dist. denied, 464 U.S. 993, 104 S.Ct. 161.790(1)(b) is not unconstitutionally vague. of Treasury, Civil Action No. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 85-5815, 85-5835. Id. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. I agree with both of these findings. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. Plaintiff Fowler received her termination notice on or about June 19, 1984. 1969)). Id. 487, 78 L.Ed.2d 683 (1983). Indeed, we think it is largely because governmental officials cannot make principled distinctions in this area that the Constitution leaves matters of taste and style so largely to the individual." United States District Court (Eastern District of Michigan). See Jarman, 753 F.2d at 77. Finally, the district court concluded that K.R.S. 831, 670 F.2d 771 (8th Cir. 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 also Abood v. Detroit Bd. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. 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.. One student testified that she saw "glimpses" of nudity, but "nothing really offending. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. 3159, 92 L.Ed.2d 549 (1986). ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. at 576. of Education. 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. 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." The school board stated insubordination as an alternate ground for plaintiff's dismissal. 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. Opinion of Judge Peck at p. 668. 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." The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Plaintiff cross-appeals from the holding that K.R.S. 3159, 3164, 92 L.Ed.2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 99 S.Ct. denied, 430 U.S. 931, 97 S.Ct. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. at 1788. Id., at 1116. There is conflicting testimony as to whether, or how much, nudity was seen by the students. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. 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. Boring v. Buncombe County Bd. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. 777, 780-81, 96 L.Ed. Inescapably, like parents, they are role models." demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. 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. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. There is conflicting testimony as to whether, or how much, nudity was seen by the students. They also found the movie objectionable because of its sexual content, vulgar language, and violence. 1953, 1957, 32 L.Ed.2d 584 (1972). It is also undisputed that she left the room on several occasions while the film was being shown. Board of Education, mt. Healthy case, involving actions by a teacher outside the school environment, must be viewed in light of the court's deference to the autonomy of school boards in regulating the educational process. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. "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." 161.790(1)(b) is not unconstitutionally vague. Appeal from the United States District Court for the Eastern District of Kentucky. Click the citation to see the full text of the cited case. 1, 469 F.2d 623 (2d Cir. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. Cir. 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. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . 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. 1987). School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. This segment of the film was shown in the morning session. VLEX uses login cookies to provide you with a better browsing experience. Another shows police brutality. In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. 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. As those cases recognize, the First . denied, ___ U.S. ___, 106 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. Joint Appendix at 321. The Mt. 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. A federal judge ruled that the firing violated Ms. Fowlers First Amendment rights of free expression, and ordered her reinstated and paid $10,000 for emotional distress. Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. 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. 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. 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. (same); Fowler v. Board of Educ. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. Mt. Joint Appendix at 120-22. Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing, There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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."). 39 Ed. Bryan, John C. Fogle, argued, Mt. 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. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 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. 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. 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. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. 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. Joint Appendix at 291. Under the Mt. 322 (1926). 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. Id. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. Joint Appendix at 83-84. 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. The Court in Mt. . 302, 307 (E.D.Tex. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. Fraser, 106 S.Ct. Arthur L. Brooks, Jane V. Fitzpatrick, Brooks, Coffman and Fitzpatrick, Lexington, Ky., Walter Alan Kamiat, argued, Bredhoff Kaiser, Washington, D.C., for plaintiff-appellee, cross-appellant. The board then retired into executive session. at 177, 94 S.Ct. enjoys First Amendment protection"). 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.". of Educ., 431 U.S. 209, 231, 97 S.Ct. See 3 Summaries. ." See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. 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. One student testified that she saw "glimpses" of nudity, but "nothing really offending." 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". at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . at 2805-06, 2809. 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 We emphasize that our decision in this case is limited to the peculiar facts before us. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 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. 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. Bethel School District No. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. 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. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. United States District Courts. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Bd. 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. 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 at 1182. Id., at 862, 869, 102 S.Ct. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. Sterling, Ky., F.C. Plaintiff argues that Ky.Rev.Stat. Subscribers are able to see a list of all the cited cases and legislation of a document. In the process, she abdicated her function as an educator. 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 Trial Transcript Vol. the Draft" into a courthouse corridor. 1980) ("conduct unbecoming an officer" standard gave notice that reckless gunplay was subject to discipline); Kannisto v. San Francisco, 541 F.2d 841, 844-45 (9th Cir. They also found the movie objectionable because of its sexual content, vulgar language, and violence. 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. at 2806-09. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 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." 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. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 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. 04-3524. of Educ. 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. at 2730. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 2730, because Fowler did not explain the messages contained in the film to the students. 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. Arthur L. Brooks, Jane V. Fitzpatrick, Brooks, Coffman and Fitzpatrick, Lexington, Ky., Walter Alan Kamiat, argued, Bredhoff & Kaiser, Washington, D.C., for plaintiff-appellee, cross-appellant. of Educ. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. 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. 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. Whether a certain activity is entitled to protection under the First Amendment is a question of law. Subscribers are able to see a list of all the documents that have cited the case. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Rehearing Denied January 22, 1987. . At the administrative hearing, several students testified that they saw no nudity. 1633 (opinion of White, J.) at 737). The two appeals court judges in the majority upheld the firing for different reasons. 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." Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. Connect with the definitive source for global and local news. (Education Code 60605.86- . Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. On its distinctive facts, Fowler v. Board of Education Lincoln County, Kentucky' is almost ideally suited as a vehicle for reex- amining some of the "deeper" issues associated with in-school speech of public high school teachers in particular and with free speech law in general. Healthy set the standard that once the plaintiff had shown that his conduct was constitutionally protected and that his conduct was a substantial or motivating factor in the Board's decision to discharge or not to rehire, the school board then must show that it would have reached the same decision even in the absence of the protected conduct. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 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. Fraser, 106 S.Ct. Healthy cases of Board of Educ. 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.
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