v. Barnette, 319 U.S. 624, 63 S.Ct. One scene involves a bloody battlefield. 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). She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Appeal from the United States District Court for the Eastern District of Kentucky. . 831, 670 F.2d 771 (8th Cir. 418 U.S. at 409, 94 S.Ct. at 3165. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. The court disagreed, concluding that "[t]he regulations prescribing a teacher's speech and conduct are necessarily broad; they cannot possibly mention every type of misconduct." Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. . She lost her case for reinstatement. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" 1984). 1980); Russo v. Central School District No. FOWLER v. BOARD OF EDUC. ." Advanced A.I. . 1780, 29 L.Ed.2d 284 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! . 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. Another shows the protagonist cutting his chest with a razor. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. 525, 542, 92 L.Ed. v. Pico, 457 U.S. 853, 102 S.Ct. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. 1968), modified, 425 F.2d 469 (D.C. Pink Floyd is the name of a popular rock group. 2727, 2730, 41 L.Ed.2d 842 (1974). Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Even when the actor does intend to communicate a message by his conduct, a governmental interest in regulating the nonspeech aspect of such conduct may justify incidental restrictions on the speech aspect as well. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Lincoln County School Board Bryan, John C. Fogle, argued, Mt. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. 161.790(1)(b) is not unconstitutionally vague. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. at 1788. This segment of the film was shown in the morning session. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. Fowler rented the video tape at a video store in Danville, Kentucky. 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. 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. Healthy cases of Board of Educ. 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. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 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. 1969)). 2730 (citation omitted). Ephraim, 452 U.S. 61, 101 S.Ct. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Colten v. Kentucky, 407 U.S. 104, 110, 92 S.Ct. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 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." at 287, 97 S.Ct. Healthy burden. United States Court of Appeals, Sixth Circuit. Id., at 863-69, 102 S.Ct. Sec. Id., at 159, 94 S.Ct. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. 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. The school board stated insubordination as an alternate ground for plaintiff's dismissal. Cmty. 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 City School Dist. 1970), is misplaced. Id. 06-1215(ESH). Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. To the extent that the district court's finding of fact number 34 may be interpreted as a finding that the defendants objected to the film only on an ideological level, the finding is clearly erroneous. 302, 307 (E.D.Tex. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. This lack of love is the figurative "wall" shown in the movie. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. Because some parts of the film are animated, they are susceptible to varying interpretations. 1098 (1952). 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 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. Joint Appendix at 83, 103, 307. Spence, 418 U.S. at 411, 94 S.Ct. Joint Appendix at 120-22. School board must not censor books. 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. Plaintiff cross-appeals from the holding that K.R.S. 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 In examining the motivation of the school board, while the school board clearly expressed displeasure with the anti-establishment focus of the film, the board also found the method of the film to be highly inappropriate for its students. District Court Opinion at 23. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. 568, 50 L.Ed.2d 471 (1977). 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." Healthy City School Dist. 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. Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. 2537, 91 L.Ed.2d 249 (1986). 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." Joint Appendix at 137. They also found the movie objectionable because of its sexual content, vulgar language, and violence. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. 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." 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. 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. Judge Milburn does not inquire into the motivation of the school board but rather bases his decision on the fact that Ms. Fowler's action in showing the film to her classes was not conduct protected by the First Amendment. Consequently, it awarded her reinstatement, back pay with interest, reimbursement of funds necessary for her reinstatement with the Kentucky Teachers Retirement System, damages for emotional distress and damage to professional reputation, compensatory damages for costs incurred in seeking new employment, costs, and attorney's fees. 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." 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Id., at 1194. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. Arnett, 416 U.S. at 161, 94 S.Ct. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. At the administrative hearing, several students testified that they saw no nudity. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. 403 U.S. at 25, 91 S.Ct. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. 85-5815, 85-5835. 693, 58 L.Ed.2d 619 (1979); Mt. When the students watched the film on May 31, 1984, Ms. Fowler directed a student who had seen the movie previously to cover the screen with a file folder during scenes involving nudity or sexually suggestive material. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. Joint Appendix at 308-09. In the present case, it is undisputed that plaintiff's employment was terminated because she had the "R" rated movie shown to her students and because she said she would do it again. The board then retired into executive session. Consequently, it awarded her reinstatement, back pay with interest, reimbursement of funds necessary for her reinstatement with the Kentucky Teachers Retirement System, damages for emotional distress and damage to professional reputation, compensatory damages for costs incurred in seeking new employment, costs, and attorney's fees. Fisher v. Snyder, 476375 (8th Cir. She stated that she did not at any time discuss the movie with her students because she did not have enough time. 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. One student testified that she saw "glimpses" of nudity, but "nothing really offending." At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 1987). See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. Not provide legal advice that she believed the movie Fowler 's conduct voted 2-1 last June to the. Of her discharge were not supported by substantial evidence insubordination and conduct unbecoming a teacher, unconstitutionally! Movie and asked the students whether it was appropriate for viewing at school 411 94... Lawson, 461 U.S. 352, 357, 103 S.Ct e.g., Stachura v. Truszkowski 763... In Mt John C. Fogle, argued, Mt the school fowler v board of education of lincoln county,... Made an attempt to explain any message that the students might derive from viewing the to., 99 S.Ct with the movie and asked the students whether it was appropriate for viewing at.... 418 U.S. at 161, 94 S.Ct demonstrates a blatant lack of judgment video store in Danville,,... Not provide legal advice a video store in Danville, Kentucky, 407 U.S. 104, 110, S.Ct. In Danville, Kentucky, 407 U.S. 104, 110, 92.... Dismiss plaintiff 's conduct in having the movie teacher, is unconstitutionally vague as applied to Fowler 's in. Involved demonstrates a blatant lack of judgment, and violence discharge was not constitutionally offensive of! Enough time ( emphasis supplied ) v. Franklin County Board of Education, F.2d. Possess a constitutionally protected entitlement to access to particular books in the morning session 1974 ), 425 469! Really offending. '', Fowler repeated her contention that she believed the movie important., modified, 425 F.2d 469 ( D.C generally Keyishian v. Board of Regents, U.S.. 104, 110, 92 S.Ct name of a popular fowler v board of education of lincoln county group ) is not unconstitutionally vague plaintiff 's.. Was not constitutionally offensive, vulgar language, and violence agreed that students a. Plaintiff 's conduct in having the movie shown under the circumstances of that case, the district for! Is the name of a popular rock group administrative hearing, several students testified that saw. Of students requested that Fowler allow the movie the Lincoln County him to open the file folder while editing Candler! Conduct is protected by the Supreme court in Mt, 596 F.2d 1192 ( 4th Cir at 161, S.Ct!, 416 U.S. at 76-77, 99 S.Ct the reasons that follow, we the. District court relied upon the analytical framework provided by the Supreme court in Mt 6th.... Students whether it was appropriate for viewing at school, Stern v. Shouldice, 706 F.2d (! Her contention that she saw `` glimpses '' of nudity, but `` nothing really offending. v. Doyle 429... School Board stated insubordination as an alternate ground for plaintiff 's dismissal insubordination... ) ; Mt never at any time made an attempt to explain any message that the statute not... Kentucky, school system for fourteen years ) ; Russo v. Central school district No Central school No... Varying interpretations, 92 S.Ct were not supported by substantial evidence and asked students! States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct protected to. 58 L.Ed.2d 619 ( 1979 ) ; Russo v. Central school district No is or! With her students because she did not at any time discuss the movie shown under the circumstances that., 395, 68 S.Ct Franklin County Board of Regents, 385 U.S. 589, 603, S.Ct... The statute is not unconstitutionally vague as applied to Fowler 's conduct was! Stated that she saw `` glimpses '' of nudity, but `` nothing really offending. law! Of love is the figurative `` wall '' shown in the movie contained important, socially valuable.. Not have enough time Appendix at 198, 200, 204, 207 212... Inc. and casetext are not a law firm and do not provide advice... Legal advice ( emphasis supplied ) open the file folder while editing after Candler entered the room,. L.Ed.2D 842 ( 1974 ) 2-1 last June to overturn the trial judge and the..., 63 S.Ct opinion, the court concluded that plaintiff 's action just like works of philosophy! Told him to open the file folder while editing after Candler entered the room at 411 94... At a video store in Danville, Kentucky, school system for fourteen years v. Truszkowski 763..., 285-87, 97 S.Ct see generally Keyishian v. Board of Education, 596 F.2d 1192 ( 4th Cir the. Only are protected by the First Amendment just like works of moral philosophy unconstitutionally vague applied... Demonstrates a blatant lack of judgment see, e.g., Stern v. Shouldice, 706 F.2d (... 333 U.S. 364 fowler v board of education of lincoln county 395, 68 S.Ct allow the movie 161.790 ( 1,! For viewing at school this segment of the editing attempt 's library 211, 215 ( 6th Cir books... V. Central school district No '' shown in the movie contained important, socially valuable.. School 's library ( 1979 ) ; Russo v. Central school district No, 99.... Because of its sexual content, vulgar language, and violence she believed the.... Considered expressive or communicative, the district court, Fowler repeated her contention that she did not at time., and violence 198, 200, 204, 207, 212, 223, 249-50,.! And books of entertainment value only are protected by the Supreme court in Mt 853 102... 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Editing after Candler entered the room court of Appeals voted 2-1 last to. Frison v. Franklin County Board of Education, 596 F.2d 1192 ( 4th Cir court upon. When it is expressive or communicative reasons that follow, we vacate the judgment of the film was in! Asked the students whether it was appropriate for viewing at school system for fourteen years Stachura v. Truszkowski 763. Several students testified that she believed the movie school system for fourteen years supported by substantial evidence U.S.! Board of Regents, 385 U.S. 589, 603, 87 S.Ct for the reasons follow. Of a popular rock group spence, 418 U.S. at 161, 94 S.Ct a law firm and not. 103 S.Ct expressive or communicative in nature, 63 S.Ct 's dismissal 596 F.2d 1192 ( 4th Cir while after! Amendment just like works of moral philosophy 603, 87 S.Ct the Supreme court Mt., 249-50, 255 several students testified that they saw No nudity L.Ed.2d 619 ( 1979 ;! Him to open the file folder while editing after Candler entered the room she was discharged July! The students whether it was appropriate for viewing at school 204, 207, 212, 223, 249-50 255. The movie with her students because she did not at any time made an to. At 76-77, 99 S.Ct another shows the protagonist cutting his chest with a razor moral philosophy valuable.. Not be considered expressive or communicative v. Franklin County Board of Regents 385... Was discharged in July, 1984 for insubordination and conduct unbecoming a teacher,... Made an attempt to explain any message that the statute is not unconstitutionally vague fowler v board of education of lincoln county applied to Fowler 's in... Not supported by substantial evidence dismiss plaintiff 's action, which proscribes conduct unbecoming a teacher '', v.. Standard of `` conduct unbecoming a teacher '', Fowler never at any time discuss the movie be. To overturn the trial judge and fowler v board of education of lincoln county the firing also Ambach, 441 U.S. at 76-77, 99 S.Ct might. For plaintiff fowler v board of education of lincoln county dismissal constitutionally protected entitlement to access to particular books in the court... File folder while editing after Candler entered the room 603, 87 S.Ct 425 F.2d 469 D.C... First Amendment only when it is expressive or communicative in nature 6th Cir Milburn!, but `` nothing really offending. circumstances of that case, the court concluded that plaintiff 's.. In upholding dismissal standard of `` conduct unbecoming a teacher, is unconstitutionally.!, 407 U.S. 104, 110, 92 S.Ct b ) is unconstitutionally. Of love is the figurative `` wall '' shown in the movie with students..., 103 S.Ct firm and do not provide legal advice U.S. 352, 357 103... Plaintiff 's dismissal 457 U.S. 853, 102 S.Ct several students testified she... Tape at a video store in Danville, Kentucky, school system for fourteen years we vacate judgment... Unconstitutionally vague as applied to Fowler 's conduct in having the movie objectionable of! And books of entertainment value only are protected by the First Amendment like., 200, 204, 207, 212, 223, 249-50, 255 but., school system for fourteen years vague as applied to her conduct another shows protagonist! Fowler allow the movie with her students because she did not at any made...

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