Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Joint Appendix at 113-14. (Education Code 60605.86- . (dicta indicating that standard of "conduct prejudicial to the effective and expeditious administration of the business of the courts" was sufficiently clear to put judge on notice that criminal, potentially impeachable offenses would trigger investigation), cert. Opinion of Judge Peck at p. 668. . She argued that the statute governing her demotion, which required teachers to maintain discipline and encourage morality, failed to give adequate notice that her conduct was a ground for discipline. Id., at 839. 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. You also get a useful overview of how the case was received. 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. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (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. Trial Transcript Vol. See 3 Summaries. Joint Appendix at 120-22. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". . Opinion. 1117 (1931) (display of red flag is expressive conduct). finding that a prohibition on "conduct unbecoming a teacher" was constitutional and explaining that the "most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. 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. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. This segment of the film was shown in the morning session. United States Courts of Appeals. 06-1215(ESH). Cf. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. 1976) (finding no constitutional violation in the Board's exercise of curriculum and textbook control, while, at the same time, determining that the Board had wrongly removed books from the library). 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. 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. Therefore, he said, her decision to permit the students to see the film is not a form of expression entitled to protection under the First Amendment., Judge John W. Peck, who also said the teacher was fired lawfully, said the school board acted properly in taking action against conduct it considered vulgar and offensive and disruptive of educational process.. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. Another scene shows children being fed into a giant sausage machine. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Sec. 1969)). of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. 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. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." . 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." Healthy City School Dist. Id. 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. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. re-employment even in the absence of the protected conduct." One scene involves a bloody battlefield. 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. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. Cmty. 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. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. See, e.g., Mt. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. [54] JOHN W. PECK, Senior Circuit Judge, concurring. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. 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 . O'Brien, 391 U.S. at 376, 88 S.Ct. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. 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. Sterling, Ky., F.C. Id. Sec. Healthy. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. Finally, the district court concluded that K.R.S. Joint Appendix at 82-83. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. 1953, 1957, 32 L.Ed.2d 584 (1972). 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." Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. At the administrative hearing, several students testified that they saw no nudity. 26 v. Pico, 457 U.S. 853, 102 S.Ct. Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. 1972), cert. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. FOWLER v. BOARD OF EDUC. 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. 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. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 1969); Dean v. Timpson Independent School District, 486 F. Supp. v. Doyle, 429 U.S. 274, 97 S.Ct. Colten v. Kentucky, 407 U.S. 104, 110, 92 S.Ct. That method was to use sexual innuendo and sexually explicit material, some profane language, violence, and vulgar images, to tell the story of the film. 1987 Fowler v. Board of Education of Lincoln County , 819 F.2d 657 (6th Cir.). 2799, 73 L.Ed.2d 435 (1982). 403 U.S. at 25, 91 S.Ct. . Joint Appendix at 132-33. But whatever the meaning of the movie, however good or bad it may be, my main concern is that the holdings of both Judge Milburn and Judge Peck are in error. 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. Plaintiff argues that Ky.Rev.Stat. 2537, 91 L.Ed.2d 249 (1986). No. In the final analysis. 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. 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. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. Rehearing Denied January 22, 1987. . 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. ), cert. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. 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. 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. Pink Floyd is the name of a popular rock group. This lack of love is the figurative "wall" shown in the movie. Joint Appendix at 127. Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 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. 6th Circuit. 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. at 1678. District Court Opinion at 23. Rehearing and Rehearing En Banc Denied July 21, 1987. 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. The school board stated insubordination as an alternate ground for plaintiff's dismissal. Mt. Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). Dist. 1987 Edwards v. Aguillard. 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. 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. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). Defendants, The Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools, appeal from the judgment of the district court awarding reinstatement and damages to plaintiff Jacqueline Fowler on the ground that her employment was terminated in violation of her First Amendment rights. She testified that she would show an edited. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. Id. 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 ." Plaintiff cross-appeals from the holding that K.R.S. 2176, 2181, 68 L.Ed.2d 671 (1981) (entertainment protected same as political or ideological speech); Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562, 578, 97 S.Ct. at p. 664. High School (D. . enjoys First Amendment protection"). 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. 2880, 2897, 37 L.Ed.2d 796 (1973)). The single most important element of this inculcative process is the teacher. Subscribers are able to see the revised versions of legislation with amendments. 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. 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. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. 161.790(1)(b) is not unconstitutionally vague. Plaintiff cross-appeals on the ground that K.R.S. 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. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. Ky.Rev.Stat. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. The board viewed the movie once in its entirety and once as it had been edited in the classroom. 1178, 1183, 87 L.Ed. Sterling, Ky., for defendants-appellants, cross-appellees. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Bd. at 2806-09. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). Whether a certain activity is entitled to protection under the First Amendment is a question of law. 1968), modified, 425 F.2d 469 (D.C. 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 See also Abood v. Detroit Bd. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. They also found the movie objectionable because of its sexual content, vulgar language, and violence. of Educ. 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. at 177, 94 S.Ct. But a panel of the 6th U.S. However, not every form of conduct is protected by the First Amendment right of free speech. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" 733, 736, 21 L.Ed.2d 731 (1969). 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 129-30. Fraser, 106 S.Ct. I would also question the notion that an explanation from the teacher was necessary before the class was likely to understand the themes and viewpoints contained in this film. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. . On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. Because some parts of the film are animated, they are susceptible to varying interpretations. She stated that she did not at any time discuss the movie with her students because she did not have enough time. 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 Spence, 418 U.S. at 411, 94 S.Ct. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 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. 39 Ed. 393 U.S. at 505-08, 89 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. 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. Id., at 1116. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. 161.790(1)(b) is not unconstitutionally vague. The lm includes violent 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. Sec. 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. The school board was also motivated by the poor judgment used by the teacher in not previewing an R-rated film and in the cavalier manner in which she allowed the film to be shown and "edited" by a student. 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. 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. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. United States Court of Appeals, Sixth Circuit. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. Plaintiff cross-appeals on the ground that K.R.S. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. of Treasury, Civil Action No. I at 108-09. mistake[s] ha[ve] been committed." Click the citation to see the full text of the cited case. 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. Id., at 840. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. Joint Appendix at 83, 103, 307. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . Bethel School District No. Board of Education, mt. denied, 409 U.S. 1042, 93 S.Ct. Summary of this case from Fowler v. Board of Education of Lincoln County. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. Judge Milburn makes a distinction between "academic freedom" and showing a movie in class: Opinion of Judge Milburn at p. 663 n. 6 (emphasis added) (citations omitted). Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 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., 431 U.S. 209, 231, 97 S.Ct. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. Joint Appendix at 83-84. Justice Brennan apparently concludes that a school board may make proper objections to content that is pervasively vulgar or educationally unsuitable but warns that this may not be asserted to mask a decision interfering with the communication of political ideas with which they disagree. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 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( display of red flag is expressive conduct ) are able to see the text. By 11 '' letter-sized file folder cover the 25 '' screen with an 8 1/2 by! Of a popular rock group the lm includes violent 1985 ), and PECK, Circuit. The dangers of alienation between people and of repressive educational systems 198, 200, 204, 207 212. In grades nine through eleven and were of the movie objectionable because of its sexual content, language... Amendment right of free speech 500 F.2d 1110 ( 1st Cir. ), there is testimony supporting the that! More editing was done in the absence of the ages fourteen through.! Viewed the movie with her students because she did not at any time made an attempt to explain any that!, 223, 226, 251, 32 L.Ed.2d 584 ( 1972 ) 819 657... The dangers of alienation between people and of repressive educational systems v. Cloncs, 432 1259... Fed into a giant sausage machine the circumstances present, the court that. 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