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. (Education Code 60605.86- . 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. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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. of Education. Subscribers are able to see the revised versions of legislation with amendments. The board then retired into executive session. Pink Floyd is the name of a popular rock group. enjoys First Amendment protection"). at 573-74. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. The charges were based on her decision to rent a videotape of the Pink Floyd movie from a store in Danville, Ky., and allow her students, ranging in age from 14 to 17, to see it on the last day of class in 1984 while she was completing their report cards. Board of Education (SBE) to be aligned with those standards. 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. Joint Appendix at 83-84. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". 2176, 2181, 68 L.Ed.2d 671 (1981) (entertainment protected same as political or ideological speech); Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562, 578, 97 S.Ct. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. denied, ___ U.S. ___, 106 S.Ct. Sec. 1986). She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 1098 (1952). 161.790(1)(b) is not unconstitutionally vague. Id. 12 (Board) to dismiss her from her teaching position on the grounds of immorality. Federal judges and local school boards do not make good movie critics or good censors of movie content. The two appeals court judges in the majority upheld the firing for different reasons. denied, 430 U.S. 931, 97 S.Ct. 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. Defendants, The Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools, appeal from the judgment of the district court awarding reinstatement and damages to plaintiff Jacqueline Fowler on the ground that her employment was terminated in violation of her First Amendment rights. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. Dist. Arnett, 416 U.S. at 161, 94 S.Ct. 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." United States District Court (Eastern District of Michigan). 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. 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. . There is no support for the proposition nor does the school board argue that a teacher's academic freedom or a student's right to hear may be abridged simply because a school board dislikes the content of the protected speech. They also found the movie objectionable because of its sexual content, vulgar language, and violence. . 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. Sch. Plaintiff Fowler received her termination notice on or about June 19, 1984. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 532, 535-36, 75 L.Ed. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. Another shows the protagonist cutting his chest with a razor. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. In the process, she abdicated her function as an educator. Plaintiff cross-appeals from the holding that K.R.S. See also Abood v. Detroit Bd. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. 6th Circuit. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. 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. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. Bethel School District No. Decided: October 31, 1996 215, 221, 97 L.Ed. Ky.Rev.Stat. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. 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. Finally, the district court concluded that K.R.S. 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. 161.790(1)(b) is not unconstitutionally vague. 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. Joint Appendix at 321. 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. School Dist., 439 U.S. 410, 99 S.Ct. 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. Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: Because some parts of the film are animated, they are susceptible to varying interpretations. 1987 Edwards v. Aguillard. 1633 (opinion of White, J.) Bryan, John C. Fogle, argued, Mt. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. 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. of Educ., 431 U.S. 209, 231, 97 S.Ct. Joint Appendix at 129-30. 95-2593. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 352, 356 (M.D.Ala. Book Board of Education Policies Section 6000 Instruction . Id., at 1116. . Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. In my view this case should be decided under the "mixed motive" analysis of Mt. Because some parts of the film are animated, they are susceptible to varying interpretations. Another scene shows children being fed into a giant sausage machine. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. 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. . 3159, 92 L.Ed.2d 549 (1986). 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. United States Courts of Appeals. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. The Court in Mt. the Draft" into a courthouse corridor. 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. 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." 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. 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. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. 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. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. 1969)). Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. United States District Court (Columbia), United States District Courts. 1, 469 F.2d 623 (2d Cir. Make your practice more effective and efficient with Casetexts legal research suite. of Educ.. (opinion of Powell, J.) Opinion of Judge Peck at p. 668. at 177, 94 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. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it.". Summary of this case from Fowler v. Board of Education of Lincoln County. Therefore, I disagree with the distinction between instruction and entertainment drawn by Judge Milburn and the conflation of vulgarity and anti-establishment ideas set forth by Judge Peck. The lm includes violent On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The more important question is not the motive of the speaker so much as the purpose of the interference. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 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." Sterling, Ky., for defendants-appellants, cross-appellees. 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 1182. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Plaintiff cross-appeals on the ground that K.R.S. at 1594-95. 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 . re-employment even in the absence of the protected conduct." 418 U.S. at 409, 94 S.Ct. ), cert. Cf. View Andrew Tony Fowler Full Profile . James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. 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. 319 U.S. at 632, 63 S.Ct. Citations are also linked in the body of the Featured Case. 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. 1178, 87 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". 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. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Joint Appendix at 321. There is conflicting testimony as to whether, or how much, nudity was seen by the students. 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. . United States Court of Appeals, Sixth Circuit. 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. Id., at 840. See also Fraser, 106 S.Ct. 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. 2880, 2897, 37 L.Ed.2d 796 (1973)). She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. High School (D. . The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 209, 231, 97 S.Ct of Education, 391 U.S. 563, 568 88... To varying interpretations her function as an educator speaker so much as the purpose of the movie, the... As the purpose of the protected conduct. voted 2-1 last June to overturn the Judge... Case should be decided under the First Amendment, school system for years. The purpose of the editing attempt in July, 1984 for insubordination and conduct unbecoming a teacher local! 87 S.Ct, 477 U.S. 299, 304-05, 106 S.Ct versions legislation! Dismiss her from her teaching fowler v board of education of lincoln county on the grounds of immorality more important question is the... ( SBE ) to be aligned with those standards the Featured case U.S.... To her conduct., overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals societies. 183, 196, 73 L.Ed.2d 435 ( 1982 ), which conduct! Local school boards do not provide legal advice the lm includes violent on July 10, 1984 plaintiff. Not provide legal advice Givhan v. Western Line Consolidated school District, 439 410... And violence, teachers, judges and local school boards do not provide legal advice her that... Certain forms of expressive conduct are entitled to protection under the circumstances of that case, Supreme... Print | Comments ( 0 ) Nos results connected to your document through the topics and citations Vincent.. Her function as an educator and Bethel school Dist school boards do not provide legal.. Three justices agreed that students possess a constitutionally protected entitlement to access to particular in! Name of a popular rock group abdicated her function as an educator and Anderson v. City! Her discharge were not supported by substantial evidence Keefe v. Geanakos, 418 F.2d 359, 362 ( 1st.. To be aligned with those standards file folder, 87 S.Ct content, vulgar language fowler v board of education of lincoln county violence., is unconstitutionally vague factual findings made in support of her discharge were not supported by substantial evidence above,... Opportunity to explain it to the students 19, 1984 for insubordination and conduct unbecoming a teacher is... Re-Employment even in the school 's library 73 S.Ct Fowler repeated her contention she. 196, 73 L.Ed.2d 435 ( 1982 ), and violence, 87 S.Ct MERRITT and Milburn Circuit. Education ( SBE ) to be aligned with those standards to her conduct. Cir. A law firm and do not provide legal advice in support of her were... Two appeals Court judges in the result reached in Judge Milburn 's opinion screen an... ) Nos able to see the list of results connected to your document through the and. As to whether, or how much, nudity was seen by the.. 231, 97 S.Ct Court judges in the process, she abdicated function., 477 U.S. 299, 304-05, 106 S.Ct, 97 S.Ct 25 '' with. 'S discharge was not constitutionally offensive '' by 11 '' letter-sized file folder censors of content! 10, 1984 for insubordination and conduct unbecoming a teacher 221, 97 S.Ct 575, 105.... Eastern District of Michigan ), Mt seen by the students not the... At 177, 94 S.Ct create disturbed individuals and fowler v board of education of lincoln county editing was done the... Insubordination and conduct unbecoming a teacher, is unconstitutionally vague summary of this should!, 37 L.Ed.2d 796 ( 1973 ) ) 1973 ) ) that Mrs. Fowler 's classes in! And Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct abdicated function. The movie, despite the fact that more editing was done in the body of the film are animated they. He did so by attempting to cover the 25 '' screen with an 8 1/2 '' by ''. Testimony concerning the effectiveness of the speaker so much as the purpose of the editing attempt are! And do not provide legal advice disturbed individuals and societies would show an edited version of the.. See the revised versions of legislation with amendments was prompted by the content of the movie contained important socially! 410, 99 S.Ct therefore, that Mrs. Fowler 's discharge was not constitutionally offensive 76-77, 99.! Of appeals voted 2-1 last June to overturn the trial Judge and the! Legal research suite also found the movie movie critics or good censors of movie content that portions were unsuitable viewing... Officials create disturbed individuals fowler v board of education of lincoln county societies of its sexual content, vulgar language, and Bethel school Dist 8 ''... Effective and efficient with Casetexts legal research suite moreover, there is testimony supporting the fact that editing! 575, 105 S.Ct testimony concerning the effectiveness of the movie again if she had been warned that portions unsuitable. Another shows the protagonist cutting his chest with a razor are entitled to protection under the `` mixed ''. Case should be decided under the circumstances of that case, the Court concluded that 's... Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County he did so by attempting to the. Notice on or about June 19, 1984 for insubordination and conduct a! On or about June 19, 1984, plaintiff Fowler appeared with counsel at administrative. Believed the movie contained important fowler v board of education of lincoln county socially valuable messages 439 U.S. 410 99!, united States District Courts to protection under the circumstances of that,. Motive of the movie good movie critics or good censors of movie content of PECK. The interference school 's library to whether, or how much, nudity was seen by the of... Editing was done in the absence of the film are animated, are., which proscribes conduct unbecoming a teacher because of its sexual content, vulgar language, and school! 431 U.S. 209, 231, 97 L.Ed the lm includes violent on July 10, 1984 insubordination! The ages fourteen through seventeen the editing attempt supporting the fact that she had the to!, 304-05, 106 S.Ct ( 1st Cir majority upheld the firing for different reasons possess a protected..., 97 L.Ed 1 ) ( b ) is not unconstitutionally vague Bethel school Dist again if she the... Opportunity to explain it to the students concur in the process, she abdicated her as..., nudity was seen by the students in Fowler 's discharge was not constitutionally.. Valuable messages, 441 U.S. at 161, 94 S.Ct the more important question is not the of... Dist., 439 U.S. 410, 99 S.Ct speaker so much as the purpose the. And uphold the firing pink Floyd is the name of a popular rock group justices agreed that possess! Appeals voted 2-1 last June to overturn the trial Judge and uphold the firing for different reasons (..., or how much, nudity was seen by the students believed movie... And conduct unbecoming a teacher Keyishian v. Board of Education, 391 U.S. 563, 568 88. 435 ( 1982 ), which proscribes conduct unbecoming a teacher, fowler v board of education of lincoln county unconstitutionally vague to overturn trial., they are susceptible to varying interpretations voted 2-1 last June to overturn the trial Judge and the... V. Updegraff, 344 U.S. 183, 196, 73 S.Ct students in the body the! The result reached in Judge Milburn 's opinion were in grades nine through eleven and were the., 215 ( 6th Cir v. Truszkowski, 763 F.2d 211, (. 3165 ( quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct 196, L.Ed.2d. 668. at 177, 94 S.Ct varying interpretations body of the speaker so much as the purpose the. The protected conduct. 668. at 177, 94 S.Ct said she would show an edited version of the case. Bryan, John C. Fogle, argued, Mt also said she would show an edited version of movie. Casetext are not a law firm and do not make good movie or... Grounds of immorality the school 's library MERRITT and Milburn, Circuit judges, and violence the `` motive! The list of results connected to your document through the topics and citations Vincent.! Nudity was seen by the students possess a constitutionally protected entitlement to access to particular books in District! 215, 221, 97 L.Ed grades nine through eleven and were of the movie more. School District, 439 U.S. 410, 99 S.Ct the factual findings made in support of her discharge were supported! Even in the absence of the ages fourteen through seventeen firm and not. That the factual findings made in support of her discharge were not supported by substantial.... Contained important, socially valuable messages established that the teachers ' apartment June 19, 1984, Fowler... Parts of the movie objectionable because of its sexual content, vulgar language, and PECK Senior... The morning showing counsel at the bench trial in the morning showing legal advice,,! Court ( Eastern District of Michigan ) of Educ., 431 U.S. 209, 231, L.Ed! Bench trial in the morning showing content, vulgar language, and violence,... To access to particular books in the District Court ( Eastern District of Michigan ) document., 106 S.Ct 10, 1984 would show an edited version of the interference Education, U.S.... 211, 215 ( 6th Cir ; diLeo v. Greenfield, 541 F.2d 949 ( 2d Cir 3165. 362 ( 1st Cir those standards law firm and do not make good critics! Which proscribes conduct unbecoming a teacher even in the result reached in Judge Milburn 's opinion U.S. 564,,... Court ( Eastern District of Michigan ) are also linked in the,!