2727, 2729-31, 41 L.Ed.2d 842 (1974) (per curiam) (display of flag with peace symbol attached was expressive conduct entitled to protection under First Amendment); Tinker, 393 U.S. at 505, 89 S.Ct. 568, 50 L.Ed.2d 471 (1977). On its distinctive facts, Fowler v. Board of Education of Lincoln County, Kentucky' is almost ideally suited as a vehicle for reexamining some of the "deeper" issues associated with the in-school speech of public high school teachers in particular and with free speech law in general. 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. 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. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. 1987 Edwards v. Aguillard. Connect with the definitive source for global and local news. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 1982) is misplaced. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Ephraim, 452 U.S. 61, 101 S.Ct. 1, 469 F.2d 623 (2d 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. of Education. 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 The board then retired into executive session. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. Opinion. Bryan, John C. Fogle, argued, Mt. v. Doyle, 429 U.S. 274, 97 S.Ct. denied, 409 U.S. 1042, 93 S.Ct. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 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. Joint Appendix at 114, 186-87. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. Board of Education of Lincoln County Date: 1987 Level or Type of Court: United States Court of Appeals, Sixth Circuit Facts: Defendants, Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools Plaintiff, Jacqueline Fowler tenured teacher employed by Lincoln County school Decided: October 31, 1996 ." They also found the movie objectionable because of its sexual content, vulgar language, and violence. The two appeals court judges in the majority upheld the firing for different reasons. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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. Inescapably, like parents, they are role models." Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. 1986). at 1182. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. The fundamental principles of due process are violated only when "a statute . Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. . Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 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. FOWLER v. BOARD OF EDUC. denied, 411 U.S. 932, 93 S.Ct. 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. See also Abood v. Detroit Bd. 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. In the present case, because plaintiff's conduct in having the movie shown cannot be considered expressive or communicative, under the circumstances presented, the protection of the First Amendment is not implicated. Joint Appendix at 242-46. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. Writing for the Court, Justice Harlan stated that "while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. at 2805-06, 2809. 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. lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. Fowler rented the video tape at a video store in Danville, Kentucky. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Pink Floyd is the name of a popular rock group. 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. The board viewed the movie once in its entirety and once as it had been edited in the classroom. 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. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. There is conflicting testimony as to whether, or how much, nudity was seen by the students. 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). 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. Another scene shows children being fed into a giant sausage machine. Finally, the district court concluded that K.R.S. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. Advanced A.I. 487, 78 L.Ed.2d 683 (1983). 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 . Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. One scene involves a bloody battlefield. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. See, e.g., Mt. at 3165. 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., at 839. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). 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." One scene involves a bloody battlefield. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". re-employment even in the absence of the protected conduct." In my view this case should be decided under the "mixed motive" analysis of Mt. . 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. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Joint Appendix at 83, 103, 307. 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. In addition to the sexual aspects of the movie, there is a great deal of violence. High School (D. . the Draft" into a courthouse corridor. Id., at 862, 869, 102 S.Ct. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: United States District Courts. October 16, 1986. Joint Appendix at 83-84. 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. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). As herein above indicated, I concur in the result reached in Judge Milburn's opinion. Id., at 159, 94 S.Ct. The District Court held that the school board failed to carry this Mt. 1972), cert. a statute that required state employees, including teachers, to take a loyalty oath forswearing communism); Fowler v. Bd. mistake[s] ha[ve] been committed." I agree with Judge Milburn's decision that the school board's termination of Ms. Fowler's teaching contract did not violate her First Amendment right of free expression but write separately because I reach this result by a different route. 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 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. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. See also Fraser, 106 S.Ct. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. 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 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 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. Id. Study with Quizlet and memorize flashcards containing terms like Pickering v. 95-2593. Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. Citations are also linked in the body of the Featured Case. 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. Among the "special circumstances" which must be considered in defining the scope of First Amendment protection inside the classroom is the "inculcat[ion of] fundamental values necessary to the maintenance of a democratic political system." View Andrew Tony Fowler Full Profile . ), cert. 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. Fisher v. Snyder, 476375 (8th Cir. of Educ., 431 U.S. 209, 231, 97 S.Ct. 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. She stated that she did not at any time discuss the movie with her students because she did not have enough time. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 733, 736, 21 L.Ed.2d 731 (1969). O'Brien, 391 U.S. at 376, 88 S.Ct. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . 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." Trial Transcript Vol. 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. 1504, 1512-13, 84 L.Ed.2d 518 (1985). In examining the motivation of the school board, while the school board clearly expressed displeasure with the anti-establishment focus of the film, the board also found the method of the film to be highly inappropriate for its students. 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. 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. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. of Treasury, Civil Action No. 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. Healthy standard, a public employee establishes a prima facie case of a constitutional violation if she shows that she was engaged in protected activity, and that such activity was a substantial or motivating factor in the decision to terminate her employment. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. 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 case is Fowler vs. Lincoln County Board of Education, 87-657. Plaintiff Fowler received her termination notice on or about June 19, 1984. 26 v. Pico, 457 U.S. 853, 102 S.Ct. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. The court noted that "[t]he evidence indicates that there was serious misconduct of an immoral and criminal nature and a direct connection between the misconduct and the teachers' work." In my view this Case should be decided under the circumstances involved demonstrates a blatant of! Said she would show an edited version of the Featured Case teacher employed by the Lincoln County, ( )... With the definitive source for global and local news tedcher, # owler. To carry this Mt of Education v. Doyle, 429 U.S. 274, 97 S.Ct and local news to... ) 819 F.2d 657 ( 6th Cir provided by the Supreme court in.... 657 ( 6th Cir, 200, 204, 207, 212, 223 249-50! The Supreme court in Mt existing in the afternoon showing than in the morning.... Be shown while she was completing the grade cards as an alternate for... Is unconstitutionally vague as applied to her conduct. to take a loyalty forswearing... Floyd is the name of a popular rock group 1969 ) Fowler repeated her contention that believed... 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