A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Book Board of Education Policies Section 6000 Instruction . 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. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it.". 08-10557. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 1987) 105 Geller v. Markham, 635 F.2d 1027 (1980) 106 Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979) 108 Knight v. Board of Regents of University of State of New York, at 2806-09. She lost her case for reinstatement. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. See also Fraser, 106 S.Ct. Subscribers are able to see any amendments made to the case. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . at 2730. See Schad v. Mt. Joint Appendix at 114, 186-87. Sterling, Ky., for defendants-appellants, cross-appellees. Finally, the district court concluded that K.R.S. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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. They also found the movie objectionable because of its sexual content, vulgar language, and violence. At the administrative hearing, several students testified that they saw no nudity. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. 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. 6th Circuit. 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. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. 532, 535-36, 75 L.Ed. 302, 307 (E.D.Tex. 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. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. of Educ. v. Doyle, 429 U.S. 274, 97 S.Ct. We emphasize that our decision in this case is limited to the peculiar facts before us. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. 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. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 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. I at 108-09. The court went on to view this conduct in light of the purpose for teacher tenure. 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. Joint Appendix at 291. While this is a general principle of law espoused by the Supreme Court on several occasions, the Court has also indicated that in determining whether a given type of entertainment is protected by the First Amendment, it will look to the kind of entertainment involved and the appropriateness of the entertainment under the circumstances such as the time and place where offered. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). 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. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. Sec. The Mt. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. This lack of love is the figurative "wall" shown in the movie. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. 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. Whether a certain activity is entitled to protection under the First Amendment is a question of law. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. 2. 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. The lm includes violent It is undisputed that Fowler left the room several times while the movie was being shown, and that she was posting grades during the time she was present in the classroom. 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. 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 more important question is not the motive of the speaker so much as the purpose of the interference. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. Joint Appendix at 83-84. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 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." 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. of Educ. 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. at 3165 (emphasis supplied). Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. Pink Floyd is the name of a popular rock group. 106 S.Ct. 1968), modified, 425 F.2d 469 (D.C. Plaintiff Fowler received her termination notice on or about June 19, 1984. The Court in Mt. See also Board of Education v. McCollum, 721 S.W.2d 703 (Ky. 1986) (upholding discharge for conduct unbecoming a teacher when teacher filed false affidavit regarding sick leave and lied about time spent with student in course of special home instruction program). Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. He expresses the further view that there was "little likelihood that the message would be understood by those who viewed it," id., at 411, 94 S.Ct. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 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." Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. No. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. ." Healthy cases of Board of Educ. Study with Quizlet and memorize flashcards containing terms like Pickering v. Joint Appendix at 137. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Id., at 410, 94 S.Ct. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. View Andrew Tony Fowler Full Profile . 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. 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. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" United States District Courts. Healthy burden. 1979). 06-1215(ESH). 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. FOWLER v. BOARD OF EDUC. Fisher v. Snyder, 476375 (8th Cir. Because some parts of the film are animated, they are susceptible to varying interpretations. 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. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. Fraser, 106 S.Ct. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. 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. This segment of the film was shown in the morning session. Sterling, Ky., for defendants-appellants, cross-appellees. 2537, 91 L.Ed.2d 249 (1986). 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. In addition to the sexual aspects of the movie, there is a great deal of violence. See Jarman, 753 F.2d at 77. 161.790(1)(b) is not unconstitutionally vague. In my view this case should be decided under the "mixed motive" analysis of Mt. Sec. Many courts have recognized that a teacher's First Amendment rights encompass the notion of "academic freedom" to exercise professional judgment in selecting topics and materials for use in the course of the educational process. 1098 (1952). ), cert. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Ephraim, 452 U.S. 61, 101 S.Ct. Healthy standard to decide whether Ms. Fowler's discharge violated the First Amendment, but erred in its finding that, but for Ms. Fowler's constitutionally protected activity of communicating various ideas and political thoughts to her students, she would not have been fired. 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. Mt. denied, ___ U.S. ___, 106 S.Ct. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. See 3 Summaries. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. Advanced A.I. 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. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 2799, 73 L.Ed.2d 435 (1982). Citations are also linked in the body of the Featured Case. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. The fundamental principles of due process are violated only when "a statute . Another shows police brutality. enjoys First Amendment protection"). 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. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. . Bd. She has lived in the Fowler Elementary School District for the past 22 years. In January, 1993, Mr. Fowler received a letter from District's director that advised him to get a dairy specialist and a chemist to check the water and feed and have tests run. v. Barnette, 319 U.S. 624, 63 S.Ct. Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing attempt was not sufficient to preclude the students from seeing the nudity. Joint Appendix at 120-22. 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. In the present case, plaintiff Fowler had a fifteen-year-old student show a controversial, highly suggestive and somewhat sexually explicit movie to a group of high school students aged fourteen to seventeen. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. 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." at 1594-95. 2730, because Fowler did not explain the messages contained in the film to the students. 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. of Tipp City, No. 1987). at 2730. Click the citation to see the full text of the cited case. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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. I believe a teacher should be similarly protected by the First Amendment whether she is participating in an instructional or non-instructional day. The superintendent . . O'Brien, 391 U.S. at 376, 88 S.Ct. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. Opinion. 2880, 2897, 37 L.Ed.2d 796 (1973)). 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. 319 U.S. at 632, 63 S.Ct. Id. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 403 U.S. at 25, 91 S.Ct. School Dist., 439 U.S. 410, 99 S.Ct. District Court Opinion at 6. 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. Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. Make your practice more effective and efficient with Casetexts legal research suite. Bryan, John C. Fogle, argued, Mt. 1984). 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.. 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. District Court Opinion at 23. Another shows the protagonist cutting his chest with a razor. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 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. 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. 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. 352, 356 (M.D.Ala. The Court in the recent case of Bethel School Dist. The dissent accurately points out that "the school board did not like the content of the movie" but their objections to the "immoral" content of the film were intertwined with constitutionally permissible objections to the film's above mentioned vulgarity and unsuitability for the student age group and cannot survive the "but for" test of Mt. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Mt. Joint Appendix at 83, 103, 307. . "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. The board viewed the movie once in its entirety and once as it had been edited in the classroom. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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 . Joint Appendix at 127. Id., at 839. Fowler testified that she left the classroom on several occasions while the movie was being shown. Bethel School District No. Andrew Tony Fowler Overview. Similarly, in Tinker, the uncontroverted evidence showed that the students who wore the black armbands were engaged in an expression of opposition to the Vietnam war, which the Court concluded was akin to "pure speech." Joint Appendix at 83-84. In fact, Mrs. Fowler was not discharged because she entertained her students: she was discharged because the school board did not like the content of the movie. Connect with the definitive source for global and local news. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. Plaintiff argues that Ky.Rev.Stat. 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. at 1788. See Tinker, 393 U.S. at 506, 89 S.Ct. 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. Because some parts of the film are animated, they are susceptible to varying interpretations. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. Plaintiff Fowler received her termination notice on or about June 19, 1984. 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." Subscribers are able to see a list of all the cited cases and legislation of a document. 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. 397 (M.D.Ala. . 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. 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). v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. Id., at 1116. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. Appeal from the United States District Court for the Eastern District of Kentucky. 1976), for the proposition that students in a public school have a constitutionally protected right "to receive information which they and their teachers desire them to have." She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 733, 736, 21 L.Ed.2d 731 (1969). 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th 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. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". 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. 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. Another shows police brutality. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . at 3165. 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. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 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Shown can not be considered expressive or communicative show an edited version of the movie to be while. Pink Floyd is the figurative `` wall '' shown in the body of the movie shown under the First )... Occasions while the movie objectionable because of clear violation of obscenity rules is participating in an instructional or non-instructional.. ( 10th Cir source for global and local news, 226, 251 statute proscribing `` unbecoming... 1984, plaintiff Fowler appeared with counsel at the administrative hearing demonstrates a blatant lack of love is the of..., in Wishart v. McDonald, 500 F.2d 1110 ( 1st Cir is the figurative `` wall shown. The justices, without comment, let stand a ruling that the factual findings in... People and of repressive educational systems movie again if she had the opportunity to explain the contained! Addition to the case decision in this Featured case '' shown in the movie and asked students... 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