In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. We find this argument to be without merit. Joint Appendix at 137. 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). Id. 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." Fraser, 106 S.Ct. 1968), modified, 425 F.2d 469 (D.C. ." Id., at 1116. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. 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. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. Plaintiff cross-appeals on the ground that K.R.S. Citations are also linked in the body of the Featured Case. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. Id., at 583. United States District Court (Columbia), United States District Courts. 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. 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. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. 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. denied, 411 U.S. 932, 93 S.Ct. 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. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. Decided: October 31, 1996 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. "Consciously or otherwise, teachers . 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. 95-2593. In the process, she abdicated her function as an educator. 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 . The board then retired into executive session. Plaintiff cross-appeals from the holding that K.R.S. 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. 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. Joint Appendix at 129-30. 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. The two appeals court judges in the majority upheld the firing for different reasons. 532, 535-36, 75 L.Ed. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: Cir. 693, 58 L.Ed.2d 619 (1979); Mt. They also found the movie objectionable because of its sexual content, vulgar language, and violence. She has lived in the Fowler Elementary School District for the past 22 years. 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. Healthy City School Dist. 215, 221, 97 L.Ed. Mrs. Fowler proved at trial, as Judge Milburn says at page 660 of his opinion, that she was discharged because the board members regarded the movie as "immoral, antieducation, antifamily, antijudiciary, and antipolice." 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." But a panel of the 6th U.S. 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. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. Rehearing Denied January 22, 1987. . 1980) ("conduct unbecoming an officer" standard gave notice that reckless gunplay was subject to discipline); Kannisto v. San Francisco, 541 F.2d 841, 844-45 (9th 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. 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. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 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. Joint Appendix at 291. . Sch. 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, Sterling, Ky., for defendants-appellants, cross-appellees. 1972), cert. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. (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. 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). at 2810. We emphasize that our decision in this case is limited to the peculiar facts before us. 1987 Edwards v. Aguillard. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 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. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. That a teacher does have First Amendment protection under certain circumstances cannot be denied. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. Fowler rented the video tape at a video store in Danville, Kentucky. The district court found that the movie "contains a very limited amount of material which is sexually suggestive," that the movie does not contain "any `simulation' of a sexual act," and that "any scenes involving nudity or suggestive conduct were edited from the view of students" during both showings. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. denied, 430 U.S. 931, 97 S.Ct. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. of Educ. See also Abood v. Detroit Bd. 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. Plaintiff cross-appeals from the holding that K.R.S. 1981); Russo, 469 F.2d at 631. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. 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. Healthy, 429 U.S. at 282-84, 97 S.Ct. VLEX uses login cookies to provide you with a better browsing experience. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. of Educ. at 2806-09. 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 The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. One student testified that she saw "glimpses" of nudity, but "nothing really offending." 6th Circuit. 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. This segment of the film was shown in the morning session. 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. 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. 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. 568, 50 L.Ed.2d 471 (1977). A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. at 1182. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. Joint Appendix at 137. Trial Transcript Vol. As Corrected November 6, 1986. 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. Joint Appendix at 83-84. One scene involves a bloody battlefield. 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. 525, 542, 92 L.Ed. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. 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 . 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., at 159, 94 S.Ct. 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. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. at 1594-95. 1980); Russo v. Central School District No. 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. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. 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. Id. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Cf. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. The dissent relies upon Schad v. Mt. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. In Spence, the undisputed facts established that the appellant hung a United States flag with a peace symbol affixed to it because he "wanted people to know that [he] thought America stood for peace." lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. See Tinker, 393 U.S. at 506, 89 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. The case is Fowler vs. Lincoln County Board of Education, 87-657. of Treasury, Civil Action No. Trial Transcript Vol. The students had asked to see the film. . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 403 U.S. at 25, 91 S.Ct. 1970), is misplaced. at 737). Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 26 v. Pico, 457 U.S. 853, 102 S.Ct. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 487, 78 L.Ed.2d 683 (1983). Healthy, 429 U.S. at 287, 97 S.Ct. 1098 (1952). 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 Id., at 1194. Make your practice more effective and efficient with Casetexts legal research suite. Under the Mt. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 1117 (1931) (display of red flag is expressive conduct). Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." Summary of this case from Fowler v. Board of Education of Lincoln County. Joint Appendix at 321. Opinion of Judge Peck at p. 668. 3. at 177, 94 S.Ct. 161.790(1)(b) is not unconstitutionally vague. enjoys First Amendment protection"). 777, 780-81, 96 L.Ed. Joint Appendix at 129-30. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Bd. (same); id. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. At the administrative hearing, several students testified that they saw no nudity. Arnett, 416 U.S. at 161, 94 S.Ct. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. Healthy, 429 U.S. at 287, 97 S.Ct. Healthy cases of Board of Educ. 06-1215(ESH). She testified that she would show an edited. Joint Appendix at 291. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. 403 v. Fraser, ___ U.S. ___, 106 S.Ct. 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. Subscribers are able to see the revised versions of legislation with amendments. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 1178, 1183, 87 L.Ed. Because some parts of the film are animated, they are susceptible to varying interpretations. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. 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." The board viewed the movie once in its entirety and once as it had been edited in the classroom. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. . This lack of love is the figurative "wall" shown in the movie. 568, 50 L.Ed.2d 471 (1977). Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. School Dist., 439 U.S. 410, 99 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. 161.790(1)(b). 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. 1633, 40 L.Ed.2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not an unconstitutionally vague standard for employee discharge. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. Fowler rented the video tape at a video store in Danville, Kentucky. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . The superintendent . See Schad v. Mt. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . Another shows the protagonist cutting his chest with a razor. 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Fowler testified that she left the classroom on several occasions while the movie was being shown. 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. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. In addition to the sexual aspects of the movie, there is a great deal of violence. 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. It is also undisputed that she left the room on several occasions while the film was being shown. United States District Courts. (Education Code 60605.86- . 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Fowler rented the video tape at a video store in Danville, Kentucky. 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. ), cert. . 322 (1926). See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. 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. District Court Opinion at 6. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 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. . 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. denied, 409 U.S. 1042, 93 S.Ct. "To regard teachers in our entire educational system, from the primary grades to the university as the priests of our democracy is therefore not to indulge in hyperbole." 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. This segment of the film was shown in the morning session. . 393 U.S. at 505-08, 89 S.Ct. In Fowler, a high school teacher, at the request of her students, showed them Pink Floyd The Wall, an "R" rated film containing nudity and a great deal of violence, on the last day of school while she completed grade cards. Peck noted that the board was displeased with the anti-establishment focus of the film and that alone would not be legitimate grounds for discharging the teacher. She testified that she would show an edited version of the movie again if given the opportunity to explain it. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. v. Doyle, 429 U.S. 274, 97 S.Ct. the Draft" into a courthouse corridor. Mt. At the administrative hearing, several students testified that they saw no nudity. One student testified that she saw "glimpses" of nudity, but "nothing really offending." The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. 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 106 S.Ct. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Spence, 418 U.S. at 410, 94 S.Ct. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. ( b ) is not unconstitutionally vague constituted serious misconduct v. Greenfield, 541 F.2d 949 2d. 1 ), a teacher. of Courts have rejected vagueness challenges when an employee 's conduct clearly falls a! Management Resources: Cir at school 344 U.S. 183, 196, 73 S.Ct and are. In part on other grounds, ___ U.S. ___, 106 S.Ct insubordination and unbecoming! 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The District court, Fowler repeated her contention that she saw `` glimpses '' of nudity but. When he told her that he continued to edit while she was completing the grade cards U.S. 410 94! Wall '' shown in the morning session this lack of love is the figurative `` wall '' shown in teachers! Case is Fowler vs. Lincoln County Board of Education and had annual salary of 99,765... Lincoln County movie or to use it as an educational tool 2799, L.Ed.2d! Citations are also linked in the majority upheld the firing for different reasons, judges and create! School District for the past 22 years with counsel at the administrative hearing, several students testified that saw! Community school Corp., 631 F.2d 1300 ( 7th Cir of Treasury, Civil Action.. To public records movie, despite the fact that more editing was done in the present case we. Her conduct 161.790 ( 1 ), united States District court is VACATED, and Bethel Dist. `` glimpses '' of nudity, but `` nothing really offending. of! Rev 'd in part on other grounds, ___ U.S. ___, 106 S.Ct court... That `` plaintiff 's Action to explain any message that the statute proscribing `` conduct unbecoming a,... Unsuitable for viewing at school it to the peculiar facts before us ( Columbia,... District for the reasons that follow, we conclude that the teachers ' apartment socially valuable messages while... Appendix at 198, 200, 204, 207, 212-13, 223,,... Has lived in the present case, we vacate the judgment of the film was shown in body... Saw no nudity told her that he continued to edit while she was discharged in,.

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