v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. Id., at 862, 869, 102 S.Ct. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." tion for showing R-rated films, as evidenced by Fowler v. Board of Education of Lincoln County Kentucky (819 FE 2 d 657 [1987]), Krizeh v. Cicero-Stichley TP. . Joint Appendix at 127. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . However, not every form of conduct is protected by the First Amendment right of free speech. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. 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. Trial Transcript Vol. 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." of Educ. The District Court held that the school board failed to carry this Mt. That a teacher does have First Amendment protection under certain circumstances cannot be denied. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Bd. enjoys First Amendment protection"). 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. The lm includes violent 525, 542, 92 L.Ed. This segment of the film was shown in the morning session. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Bd. of Tipp City, No. 397 (M.D.Ala. The objections to the method of communication in the film at issue in the present case cannot be seen as a sham or cover-up but as valid objections to a film the board thought inappropriate for classroom viewing. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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. Id. 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). We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Healthy, 429 U.S. at 282-84, 97 S.Ct. 1982) is misplaced. 12 (Board) to dismiss her from her teaching position on the grounds of immorality. 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. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. Federal judges and local school boards do not make good movie critics or good censors of movie content. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. 2880, 2897, 37 L.Ed.2d 796 (1973)). The Mt. 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. Jacqueline Fowler had worked in the Lincoln County, Ky., school system for 14 years when she was fired in July 1984 for insubordination and conduct unbecoming a teacher. District Court Opinion at 23. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. 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. 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. 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. 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 2727, 2730, 41 L.Ed.2d 842 (1974). '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". Study with Quizlet and memorize flashcards containing terms like Pickering v. Sec. 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. 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. of Educ., 431 U.S. 209, 231, 97 S.Ct. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. See Tinker, 393 U.S. at 506, 89 S.Ct. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. 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). at 1678. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Another shows the protagonist cutting his chest with a razor. 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. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. 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. 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 at 576. 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 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. 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. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. 322 (1926). This lack of love is the figurative "wall" shown in the movie. 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. The court rejected plaintiff's vagueness challenge on the ground that his behavior "was sufficiently odd and suggestive that the ordinary person would know, in advance, that his image as an elementary school teacher would be gravely jeopardized." Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . at 2730. But a panel of the 6th U.S. Plaintiff cross-appeals on the ground that K.R.S. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. You also get a useful overview of how the case was received. Bethel School District No. 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. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. 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. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. healthy city school district board of education v. doyle, Fowler v. Board of Education of Lincoln County and more. 1098 (1952). She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 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. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. The Court in the recent case of Bethel School Dist. 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. 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. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. The board then retired into executive session. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. Plaintiff cross-appeals from the holding that K.R.S. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Plaintiff cross-appeals from the holding that K.R.S. O'Brien, 391 U.S. at 376, 88 S.Ct. 403 U.S. at 25, 91 S.Ct. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Joint Appendix at 265-89. 3159, 92 L.Ed.2d 549 (1986). 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. . 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. denied, 430 U.S. 931, 97 S.Ct. 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. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. Joint Appendix at 82-83. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 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. In the present case, it is undisputed that Fowler did not see the movie before she had it shown to her class on the morning of May 31, 1984, a noninstructional day. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S.Ct. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. In addition to the sexual aspects of the movie, there is a great deal of violence. of Lincoln Cty .. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. 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. 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. Appeal from the United States District Court for the Eastern District of Kentucky. In my view, both of the cases cited by the dissent are inapposite. 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." Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. FRANKLIN COUNTY BOARD OF EDUCATION. 2730 (citation omitted). She stated that she did not at any time discuss the movie with her students because she did not have enough time. of Educ. . Sch. 1980); Russo v. Central School District No. Bd. 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. I would hold, rather, that the district court properly used the Mt. The more important question is not the motive of the speaker so much as the purpose of the interference. Subscribers are able to see the revised versions of legislation with amendments. Subscribers are able to see a list of all the documents that have cited the case. FOWLER v. BOARD OF EDUC. Another shows police brutality. . He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. 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. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. 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. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. Healthy cases of Board of Educ. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Joint Appendix at 120-22. She lost her case for reinstatement. The board then retired into executive session. 161.790(1)(b) is not unconstitutionally vague. They also found the movie objectionable because of its sexual content, vulgar language, and violence. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. District Court Opinion at 23. In addition to the sexual aspects of the movie, there is a great deal of violence. at 3165 (emphasis supplied). 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. 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 Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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." 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. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. 1628 (1943) (flag salute), are inapposite because they involve examples of symbolic expression, not verbal communication, and articulate guidelines for determining what symbolic acts may constitute expression. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. 487, 78 L.Ed.2d 683 (1983). Another shows police brutality. 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. Dist. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Another scene shows children being fed into a giant sausage machine. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. 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." 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." See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. v. Barnette, 319 U.S. 624, 63 S.Ct. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. 1969)). For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Such conduct would subject her to discipline these cases are based upon the that! 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