What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". at 307; Parducci v. Rutland, 316 F. Supp. This segment of the film was shown in the morning session. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. The lm includes violent Pucci v. Michigan Supreme Court, Case No. 397 (M.D.Ala. The Court in Mt. 1, 469 F.2d 623 (2d Cir. In my view this case should be decided under the "mixed motive" analysis of Mt. I at 101. 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. Therefore, I would affirm the judgment of the District Court. of Educ. 2730 (citation omitted). 161.790(1)(b). . One scene involves a bloody battlefield. at 2806-09. The board viewed the movie once in its entirety and once as it had been edited in the classroom. 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 308-09. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. The plurality opinion of Pico used the Mt. 26 v. Pico, 457 U.S. 853, 102 S.Ct. 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. 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. Sec. Bryan, John C. Fogle, argued, Mt. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. However, not every form of conduct is protected by the First Amendment right of free speech. Advanced A.I. 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. at 2730. As those cases recognize, the First . (same); Fowler v. Board of Educ. 95-2593. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: 1969); Dean v. Timpson Independent School District, 486 F. Supp. See Tinker, 393 U.S. at 506, 89 S.Ct. He finds that Ms. Fowler did not possess "[a]n intent to convey a particularized message" to her students because she was not familiar with the content of the film before she showed it, citing Spence v. Washington, 418 U.S. 405, 410, 94 S.Ct. 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. either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. 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. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. She testified that she would show an edited. Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). 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. 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. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. United States District Court (Eastern District of Michigan). School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Another scene shows children being fed into a giant sausage machine. Arnett, 416 U.S. at 161, 94 S.Ct. v. Pico, 457 U.S. 853, 102 S.Ct. Because some parts of the film are animated, they are susceptible to varying interpretations. 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." In addition to the sexual aspects of the movie, there is a great deal of violence. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. Fowler rented the video tape at a video store in Danville, Kentucky. . 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. 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. Because some parts of the film are animated, they are susceptible to varying interpretations. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. denied, 409 U.S. 1042, 93 S.Ct. 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 cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. . 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. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. "Consciously or otherwise, teachers . at 3166 (recognizing need for flexibility in formulating school disciplinary rules). at 1788. 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. 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." Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Healthy, 429 U.S. at 282-84, 97 S.Ct. 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. Sec. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. . 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 Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. 1970), is misplaced. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. 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. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. The court disagreed, concluding that "[t]he regulations prescribing a teacher's speech and conduct are necessarily broad; they cannot possibly mention every type of 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. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. But a panel of the 6th U.S. Book Board of Education Policies Section 6000 Instruction . Id. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. 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. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." Mt. When the students watched the film on May 31, 1984, Ms. Fowler directed a student who had seen the movie previously to cover the screen with a file folder during scenes involving nudity or sexually suggestive material. See Schad v. Mt. 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. Joint Appendix at 265-89. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. The superintendent . 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. 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. Sterling, Ky., for defendants-appellants, cross-appellees. The school board stated insubordination as an alternate ground for plaintiff's dismissal. Another scene shows children being fed into a giant sausage machine. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. 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. 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. 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. Healthy cases of Board of Educ. This court need not go as far as the Court did in Pico and Bethel because those cases respectively involved school library and a school assembly and did not have the captive audience factor with the teacher acting in loco parentis that is present in this case. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. The fundamental principles of due process are violated only when "a statute . 2730, because Fowler did not explain the messages contained in the film to the students. Finally, the district court concluded that K.R.S. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. 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 Plaintiff argues that Ky.Rev.Stat. Joint Appendix at 265-89. 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. 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. v. Fraser, ___ U.S. ___, 106 S.Ct. Fowler v. Board of Education of Lincoln County (1987): ACADEMIC FREEDOM (Pink Floyd's "The Wall") Facts: district dismissed teacher based on unbecoming conduct (unique to Kentucky) after teacher showed the movie, Pink Floyd's "the wall" to high school students Id., at 839-40. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. 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. . Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. FRANKLIN COUNTY BOARD OF EDUCATION. Boring v. Buncombe County Bd. 693, 58 L.Ed.2d 619 (1979); Mt. 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." Id., at 862, 869, 102 S.Ct. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. board could dismiss a tenured high school teacher with 14 years of experience for insubordination and conduct unbecoming an educator for showing Pink Floyd: The Wall on the last day of the academic year considered a noninstructional day (Fowler v. Board of Education of Lincoln County, Ky. 1987a, 1987b). 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. 1980); Russo v. Central School District No. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Joint Appendix at 127. Id. of Treasury, Civil Action No. In addition to the sexual aspects of the movie, there is a great deal of violence. Id., at 1193. One student testified that she saw "glimpses" of nudity, but "nothing really offending. 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. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 403 U.S. at 25, 91 S.Ct. 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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." Following this executive session, the board returned to open session and voted unanimously to terminate plaintiff's employment for insubordination and conduct unbecoming a teacher. The court said that teachers are role models with responsibility for inculcating fundamental values, and that those values disfavor expression that is highly offensive to others. Joint Appendix at 321. 831, 670 F.2d 771 (8th Cir. The Sixth Circuit and neighboring sister circuits have provided this Court with a comprehensive analytic, The court thus held that Boring's mere "implicit approval" of the ideas in the play "was not expressive, Full title:JACQUELINE FOWLER, PLAINTIFF-APPELLEE, CROSS-APPELLANT, v. THE BOARD OF, Court:United States Court of Appeals, Sixth Circuit, holding that prohibition for "conduct unbecoming a teacher" could not be challenged on vagueness or overbreadth grounds by teacher who was terminated for conduct clearly falling within scope of prohibition. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S.Ct. Sterling, Ky., for defendants-appellants, cross-appellees. 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 cross-appeals on the ground that K.R.S. 525, 542, 92 L.Ed. Joint Appendix at 114, 186-87. 2537, 91 L.Ed.2d 249 (1986). United States District Court (Columbia), United States District Courts. One student testified that she saw "glimpses" of nudity, but "nothing really offending." San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . at 1678. Joint Appendix at 83-84. 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. Sterling, Ky., F.C. 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). 403 v. Fraser, ___ U.S. ___, 106 S.Ct. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. Such conduct, under the circumstances involved, clearly is not "speech" in the traditional sense of the expression of ideas through use of the spoken or written word. Because the intent to express was coupled with a great likelihood that the message would be understood, the Court concluded that the conduct was entitled to protection under the First Amendment. 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. Opinion. No. 6th Circuit. Id., at 159, 94 S.Ct. In my view, both of the cases cited by the dissent are inapposite. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. 1984). Finally, the district court concluded that K.R.S. 161.790 provides in relevant part: In Board of Education v. Wood, 717 S.W.2d 837 (Ky. 1986), two tenured teachers were discharged for conduct unbecoming a teacher under section 161.790(1)(b). at 2730. Id., at 1194. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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.. 1987). Joint Appendix at 129-30. 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. 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. 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. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Pink Floyd is the name of a popular rock group. 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." See 3 Summaries. 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. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. 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. 1982) is misplaced. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. of Educ., supra (finding a teacher's communication with a radio station regarding school board policies was constitutionally protected activity); Givhan v. Western Line Consol. 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. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. Healthy City School Dist. 1976) (teacher could not successfully contend that "due and sufficient cause" standard did not give notice that improper conduct toward students would result in discipline); Kilpatrick v. Wright, 437 F. Supp. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. 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. v. Doyle, 429 U.S. 274, 97 S.Ct. 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. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. Decided: October 31, 1996 322 (1926). In the present case the district court concluded that Mrs. Fowler was entitled to the protection of the First Amendment while acting as a teacher. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. 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. The Mt. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. In addition to the sexual aspects of the movie, there is a great deal of violence. 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. 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